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Controversies in American federalism and public policy
In: Controversies in american constitutional law
The final arbiter: the consequences of Bush v. Gore for law and politics
In: SUNY series in American constitutionalism
Superintending democracy: the courts and the political process
In: Series on law, politics, and society
Of White Whales, Obamacare, and the Roberts Court: The Republican Attempts to Harpoon Obama's Presidential Legacy—Erratum
In: PS: political science & politics, Band 50, Heft 2, S. 639
ISSN: 1537-5935
Of White Whales, Obamacare, and the Robert's Court: The Republican Attempts to Harpoon Obama's Presidential Legacy
In: PS: political science & politics, Band 50, Heft 1, S. 40-43
ISSN: 1537-5935
Of White Whales, Obamacare, and the Robert's Court: The Republican Attempts to Harpoon Obama's Presidential Legacy
In: PS: political science & politics, Band 50, Heft 1, S. 40-43
ISSN: 0030-8269, 1049-0965
Making Law in the United States Courts of Appeals
In: Perspectives on politics: a political science public sphere, Band 1, Heft 4, S. 785-786
ISSN: 1537-5927
IDEOLOGY AND JUDICIAL DEFERENCE IN THE D.C. CIRCUIT
In: Politics & policy, Band 26, Heft 4, S. 861-888
ISSN: 1747-1346
This article examines the published opinions of the U.S. Court of Appeals for the District of Columbia Circuit—a key judicial forum for deciding administrative law appeals—to test the hypothesis that ideology is a principal element for understanding judicial control over federal agencies between 1970 and 1995. Prior studies focus on U.S. Supreme Court rulings imply, but do not directly test, the proposition that judicial deference to agencies is the product of an interactive relationship between key political variables. Using a non‐additive, "integrated" model of judicial behavior, the study confirms that judicial deference is an interactive ideological decision where the court's decision to defer is conditioned upon an interaction between the panel's composition and agency policy. Ideology, though, is not the sole explanation for court behavior since other non‐ideological variables contribute to deference as well. The D.C. Circuit is constrained, and defers less, by the "hard look" doctrine and landmark U.S. Supreme Court precedent. Even so, it defers more to agency rulemaking, making the type of agency proceeding at issue an important variable. Overall, these findings illustrate that circuit courts are significant sources of regulatory policy change and that they use ideology, along with other factors, to control the policy initiative of bureaucracies.
The Pedagogical Considerations of Using a Constitutional Law Textbook in Political Science
This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they omit sufficient explanation of the fundamentals of conducting legal research and writing, including citation style. These criticisms are explored in more detail in the Review's concluding section.
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The Politics of En Banc Review in the "Mini-Supreme Court"
In: Hōsei-kenkyū: Journal of law and politics, Band 13, Heft 2, S. 377
ISSN: 0387-2882
The Politics of En Banc Review in the "Mini Supreme Court"
In: The Journal of law & [and] politics, Band 13, Heft 2, S. 377-414
ISSN: 0749-2227
BOOK REVIEWS - American Politics - Judicial Politics in the D.C. Circuit Court
In: American political science review, Band 96, Heft 1, S. 202
ISSN: 0003-0554
BOOK REVIEWS - Judicial Politics in the D.C. Circuit
In: The journal of politics: JOP, Band 63, Heft 1, S. 302
ISSN: 0022-3816