ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00263.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

The idea of authority lies at the conceptual heart of much legal policy analysis. This essay discusses three perspectives on state and legal authority—the liberal‐constitutional, the corporatist, and the technocratic—as a broad political framework for understanding major issues of judicial policy‐making in the United States today. The essay examines recent literature on judicial legitimacy and capacity within the context of the three perspectives and raises research questions which derive from this approach to judicial policy. This framework provides a theoretical basis for seeing not only a decline, but changes in patterns of judicial authority and their relationship to any existing crisis of authority in the state in

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00264.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

Decisions of the Warren Court affecting the disadvantaged involved, almost exclusively, the constitutionally protected rights of indigent defendants and voters. In contrast, the Burger Court's decision‐making has included a significant volume of cases affecting the material interests of the poor. As the analysis herein demonstrates, support for the interests of the poor by the Burger Court has been negatively associated with the material quality of the interest at stake. The Court's decisions suggest a reluctance to subject governmental classifications inimical to the poor to consistent and appropriate scrutiny. An alternative scheme for assessing equal protection claims is therefore offere

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00265.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

This paper examines the decisions on reverse racial discrimination made by the Supreme Court, concentrating on Regents of the University. California v. Bakke and Fullilove v. Klutznick. It discovers a distressing tendency on the part of some members of the Court to reason rigidly within categories established by earlier decisions, most notably the notion that “race is an inherently suspect classification”; i.e., any racial discrimination can survive only with “strict scrutiny.” The paper traces the development of this rule, arguing that it rests on choices in emphasis that were unnecessary and probably unfortunate. I then examine the history of the Equal Protection Clause of the Fourteenth Amendment, and suggest that a better reading is that it primarily condemns racial discrimination which is used to oppress and stigmatize particular groups. Finally, I suggest the replacement of the “suspect classification” rule with a bifurcated test which distinguishes between benign and invidious dis

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00266.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

In United Steelworkers of America v. Weber (1979), the U. S. Supreme Court engaged in one of the most blatant examples of judicial policymaking to date. This paper explores Weber (and, to a lesser degree, the other major cases that have addressed the question of ameliorative racial preference), and argues that the very attributes of the adjudicative process that make the courts so well‐suited for the resolution of particular controversies and grievances also render them most ill‐suited for general policy‐m

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00267.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY

摘要:

The effect of changes in formal administrative procedure on policy implementation is a subject of considerable controversy. It has been traditionally argued that requiring elaborate, “judicialized” procedures for administrative adjudication contributes to sluggish, ineffective regulation. However, the continued strength of the public advocacy movement suggests that such procedures may be used by pro‐regulatory forces to instigate more vigorous regulation by agencies. This article addresses the issue through a comparative state analysis. Using environmental policy as a context for study, the association between the judicialization of procedure and the aggressiveness of regulation is mea

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1982.tb00268.x

出版商:Blackwell Publishing Ltd    

年代:1982

数据来源: WILEY