Nine Justices in Search of a Doctrine
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Tom Clark and Benjamin Lauderdale , “ Locating Supreme Court Opinions in Doctrine Space ”
Clark and Lauderdale develop a novel approach for orienting Supreme Court opinions in unidimensional policy space. They argue that the most important portion of a Court’s opinion is not its judgment in favor of one party or another, but its reasoning, for it is this reasoning that becomes binding law and shapes the path of American legal development. The authors thus measure the policy orientat...
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The act of state doctrine provides that U.S. courts will not question the validity of the public acts of a foreign sovereign undertaken within its own territory.1 But what is a "public act"? Should a deposed dictator who raided public coffers while in power be allowed to raise an act of state defense in a suit brought by the new government?2 Should the actions of a foreign official who accepted...
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As the opening quip of Pam Karlan’s article suggests,1 it is difficult to make sensible predictions about the future of the Roberts Court’s election law jurisprudence based upon the two cases decided during its first year. Even law professors are cautious about drawing inferences from two data points. And given the many opinions rendered in Randall v. Sorrell2 and League of United Latin America...
متن کاملBetween the Tiers : the New [ Est ] Equal Protection
This Essay (in Sections I and II) briefly traces the evolution of modem equal protection doctrine in order to point (in Section III) to a disparate but substantial group of equal protection decisions that do not fit, and that the Court did not pretend to fit, into one of the officially identified three tiers of Equal Protection Clause analysis. The Essay (in Section IV) defends the viewpoints, ...
متن کاملThe Diversity Explanation of the Eleventh Amendment: A Reply to Critics
During the past dozen years the original meaning of the Eleventh Amendment has become a matter of active controversy, both among legal scholars and among the justices of the Supreme Court.' Modern Eleventh Amendment doctrine remains governed by the traditional view, which in gross outline holds that the amendment is a jurisdictional bar prohibiting the federal courts from hearing unconsented su...
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تاریخ انتشار 2013