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Signals from the Executive

Michael A. Bailey and Forrest Maltzman.

in The Constrained Court

September 2011; p ublished online October 2017 .

Chapter. Subjects: History of Law. 7529 words.

This chapter provides general answers to questions about executive influence on the Court, which will help us to understand decision-making on the Court—what matters and when. It considers...

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The Independence of the Judge

David Keene.

in Tom Bingham and the Transformation of the Law

April 2009; p ublished online September 2009 .

Chapter. Subjects: History of Law. 6178 words.

This chapter looks at the importance of the independence of the judge, and how Lord Bingham has dealt with this in his work. In order to secure independence it is not sufficient to prevent...

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Law Matters

Michael A. Bailey and Forrest Maltzman.

in The Constrained Court

September 2011; p ublished online October 2017 .

Chapter. Subjects: History of Law. 6216 words.

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape...

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The Legal Tender Cases

Lackland H. Bloom.

in Do Great Cases Make Bad Law?

March 2014; p ublished online April 2014 .

Chapter. Subjects: History of Law. 9177 words.

In Hepburn v Griswold, the Supreme Court invalidated the Act of Congress making paper money legal tender for the payment of debts, only to reverse course and uphold the Act eighteen months...

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Brown v. Board of Education

Lackland H. Bloom.

in Do Great Cases Make Bad Law?

March 2014; p ublished online April 2014 .

Chapter. Subjects: History of Law. 10499 words.

Brown v Board of Education, which held that state-sanctioned racially-segregated schools violated the Equal Protection Clause of the Fourteenth Amendment, was the most significant Supreme...

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The Supreme Court and McCarthy-Era Repression

Robert M. Lichtman.

August 2012; p ublished online April 2017 .

Book. Subjects: History of Law. 312 pages.

This book provides a comprehensive history of the U.S. Supreme Court’s decisions in “Communist” cases during the McCarthy era. The book shows the Court’s vulnerability to public criticism...

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Introduction

Lackland H. Bloom.

in Do Great Cases Make Bad Law?

March 2014; p ublished online April 2014 .

Chapter. Subjects: History of Law. 3112 words.

The Introduction presents Justice Holmes's famous statement that “great cases, like hard cases make bad law” and proposes a methodology for assessing the accuracy of that conclusion. The...

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Local Government

Francis McManus.

in Law Making and the Scottish Parliament

February 2011; p ublished online March 2012 .

Chapter. Subjects: History of Law. 5819 words.

Local government has been described as ‘big business’. With the exception of Northern Ireland, local authorities in the United Kingdom are responsible for education, housing, personal...

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Quantitative Legal History

Daniel Klerman.

in The Oxford Handbook of Legal History

August 2018; p ublished online September 2018 .

Article. Subjects: History of Law. 6101 words.

Quantitative legal history is in a rather sorry state. Only about a quarter of recent works of legal history use even simple quantitative methods (such as tables or graphs), and articles or...

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Do Great Cases Make Bad Law?

Lackland H. Bloom.

in Do Great Cases Make Bad Law?

March 2014; p ublished online April 2014 .

Chapter. Subjects: History of Law. 15339 words.

The Conclusion applies four criteria to each of the cases discussed in the book in an attempt to determine whether the greatness of the case had an adverse impact on the decision and made...

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Characteristics of Jack Weinstein’s Judging

Jeffrey B. Morris.

in Leadership on the Federal Bench

July 2011; p ublished online April 2015 .

Chapter. Subjects: History of Law. 14757 words.

The major characteristics of Weinstein's judicial career are covered in this chapter. These include an ability to sustain extraordinarily high productivity; a reliance upon a rich...

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Domestic Secrets

Maria Agren.

December 2009; p ublished online July 2014 .

Book. Subjects: History of Law. 304 pages.

Between the seventeenth and nineteenth centuries, women's role in the Swedish economy was renegotiated and reconceptualized. This book chronicles changes in married women's property rights,...

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Judges, politics and the Irish Constitution

Edited by Laura Cahillane, James Gallen and Tom Hickey.

February 2017; p ublished online September 2017 .

Book. Subjects: History of Law. 320 pages.

This volume brings together academic scholars and judges together to consider themes flowing from the often complex relationships between ‘law’ and ‘politics’, ‘adjudication’ and...

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The Constrained Court

Michael A. Bailey and Forrest Maltzman.

September 2011; p ublished online October 2017 .

Book. Subjects: History of Law. 216 pages.

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new...

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Bakke, Grutter, Gratz (and Fisher)

Lackland H. Bloom.

in Do Great Cases Make Bad Law?

March 2014; p ublished online April 2014 .

Chapter. Subjects: History of Law. 11294 words.

The question of the constitutionality of the use of racial preferences in the admissions processes of institutions of higher learning gave rise to two or three great cases. In Bakke v...

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The Bureaucracy under Stress

A. W. Brian Simpson.

in In the Highest Degree Odious

November 1994; p ublished online March 2012 .

Chapter. Subjects: History of Law. 8322 words.

The massive increase in the use of executive detention between May and September 1940 placed great strains upon Britain's bureaucracy. In addition to Regulation 18B detainees, there were...

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Reappraising judicial supremacy in the Irish constitutional tradition

Eoin Daly.

in Judges, politics and the Irish Constitution

February 2017; p ublished online September 2017 .

Chapter. Subjects: History of Law. 8246 words.

In his chapter, Eoin Daly casts a sceptical eye on judicial supremacy. Daly argues that the doctrine goes almost unquestioned in Irish constitutional scholarship (and practice) and that its...

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James Madison’s Republican Constitutionalism

Mark A. Graber.

in Constitutions and the Classics

December 2014; p ublished online January 2015 .

Chapter. Subjects: History of Law; Constitutional and Administrative Law. 12808 words.

This chapter analyses James Madison’s republican constitutionalism. Madison and most of his contemporaries rejected the foundational egalitarian commitments of contemporary democratic...

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The Supreme Court in the Era of Bifurcated Review I

G. Edward White.

in Law in American History, Volume III

May 2019; p ublished online May 2019 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 21517 words.

Volume 2 of this series devoted several chapters to the emergence of what it called “guardian review” on the Supreme Court, a posture in which justices acted as guardians of individual...

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The Supreme Court in the Era of Bifurcated Review II

G. Edward White.

in Law in American History, Volume III

May 2019; p ublished online May 2019 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 32020 words.

The constitutional jurisprudence of foreign relations law was transformed over a period from the mid-1930s to the 1960s. The Supreme Court adopted an increasingly deferential posture toward...

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