Constitutional Law: Eleventh Amendment: Jurisdiction of Federal Circuit Court: Penalty for Disobeying Rate Legislation

1908 ◽  
Vol 6 (8) ◽  
pp. 702
Keyword(s):  
Constitutional Law ◽  
Circuit Court ◽  
Federal Circuit ◽  
Eleventh Amendment

The Intergroup Foundations of Policy Influence

2018 ◽  
Vol 71 (4) ◽  
pp. 729-742 ◽  
Author(s):  
Rachael K. Hinkle ◽  
Michael J. Nelson
Keyword(s):  
Search And Seizure ◽  
Preference Aggregation ◽  
Policy Influence ◽  
Circuit Court ◽  
Professional Characteristics ◽  
Original Dataset ◽  
Federal Circuit ◽  
Group Memberships ◽  
Circuit Courts ◽  
Ingroup Favoritism

Most decisions about policy adoption require preference aggregation, which makes it difficult to determine how and when an individual can influence policy change. Examining how frequently a judge is cited offers insight into this question. Drawing upon the psychological concept of social identity, we suggest that shared group memberships can account for differences in policy influence. We investigate this possibility using the demographic and professional group memberships of federal circuit court judges and an original dataset of citations among all published search and seizure cases from federal circuit courts from 1990 to 2010. The results indicate that shared professional characteristics do tend to lead to ingroup favoritism in citation decisions while only partial evidence of such a pattern emerges for demographic group memberships. There is evidence of ingroup favoritism among female and minority judges but none for male or white judges. Overall, judges appear to generally have greater influence on judges with shared characteristics. The findings have vital implications for our understanding of the diversification of policy-making institutions.

Constitutional Law in 1949–1950

1951 ◽  
Vol 45 (1) ◽  
pp. 86-109
Author(s):  
Robert J. Harris
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court

There were two changes in the personnel of the Supreme Court during the 1949 term. Attorney General Tom C. Clark was sworn in as an Associate Justice to succeed the late Justice Frank Murphy on August 24, 1949, after his nomination by President Truman had been approved on August 19 by a vote of 73 to 8. Judge Sherman Minton of the United States Circuit Court of Appeals was nominated to be an Associate Justice on September 15, 1949, to succeed Justice Wiley Rutledge. His nomination was approved by the Senate on October 4 by a vote of 48 to 16, and he was sworn in on October 12. During much of the term Justice Douglas was absent as the result of an accident incurred during the preceding summer recess. The loss of Justices Murphy and Rutledge greatly weakened the liberal alignment of the Court and very positively influenced the decision of a number of doubtful cases contrary to precedents of a recent date.

Public Mood, Previous Electoral Experience, and Responsiveness Among Federal Circuit Court Judges

2017 ◽  
Vol 45 (6) ◽  
pp. 1003-1031 ◽  
Author(s):  
Ryan J. Owens ◽  
Patrick C. Wohlfarth
Keyword(s):  
Public Opinion ◽  
Circuit Court ◽  
Political Experience ◽  
Democratic Control ◽  
Federal Circuit ◽  
Federal Judges

Whether public opinion influences federal judges is a question that has long motivated—but often eluded—scholars. In this article, we examine two related questions: First, whether federal circuit court judges respond to circuit-level public opinion and, second, whether judges with extensive past elected political experience are even more responsive. The data show that circuit judges indeed respond to public opinion. The results also suggest that judges with greater past elected political experience may be more responsive. The results have implications for democratic control of the unelected judiciary, and suggest that appointing judges with electoral experience could, for better or worse, lead to a more majoritarian judiciary.

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