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19 results on '"Clark, Tom"'

16. Congressional Hostility and Judicial Review.

Author

Clark, Tom S.

Subjects
*JUDGES, *LAW clerks, *UNITED States legislators
Abstract

Previous scholarship has assessed whether ideological divergence between the Court and Congress can explain variation in Supreme Court decision-making, but conflicting theoretical and empirical findings have given rise to a significant disjuncture in the scholarship. Building on evidence from interviews with Supreme Court justices and former law clerks, I develop a formal model of judicial-congressional relations that incorporates judicial preferences for institutional legitimacy and the role of public opinion in congressional hostility towards the Supreme Court. An original dataset identifying all Court-curbing legislation proposed between 1877 and 2006 is then used to assess the influence of congressional hostility on the Court's use of judicial review. The evidence indicates that when Congress is hostile, the Court uses judicial review to invalidate Acts of Congress less frequently than when Congress is not hostile towards the Court. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Published
2007

17. The Effect of War on Judicial Deference to the Executive Branch at the Courts of Appeals.

Author

Clark, Tom

Subjects
*COURTS, *JUDGES, *JUSTICE administration, *APPELLATE courts, *APPELLATE procedure
Abstract

The effect of a state of war on deference to the executive branch by federal appellate judges is examined. This study concludes the mid-level federal courts are actually more skeptical of the executive in non-criminal cases during wartime. [ABSTRACT FROM AUTHOR]

Published
2005

18. The Supreme Court's Many Median Justices.

Author

LAUDERDALE, BENJAMIN E. and CLARK, TOM S.

Subjects
*JUSTICE administration, *JUDGES, *DECISION making, *IDEOLOGY, *AMERICAN law
Abstract

One-dimensional spatial models have come to inform much theorizing and research on the U.S. Supreme Court. However, we argue that judicial preferences vary considerably across areas of the law, and that limitations in our ability to measure those preferences have constrained the set of questions scholars pursue. We introduce a new approach, which makes use of information about substantive similarity among cases, to estimate judicial preferences that vary across substantive legal issues and over time. We show that a model allowing preferences to vary over substantive issues as well as over time is a significantly better predictor of judicial behavior than one that only allows preferences to vary over time. We find that judicial preferences are not reducible to simple left-right ideology and, as a consequence, there is substantial variation in the identity of the median justice across areas of the law during all periods of the modern court. These results suggest a need to reconsider empirical and theoretical research that hinges on the existence of a single pivotal median justice. [ABSTRACT FROM PUBLISHER]

Published
2012
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19. A Principal-Agent Model of En Banc Review.

Author

Clark, Tom

Subjects
*IDEOLOGY, *POLITICAL science, *PHILOSOPHY, *JUDGES, *COURTS, *AUTHORITY
Abstract

The paper demonstrates that the ideological of panel judges affects the probability of en banc review and that panels are less likely to trigger en banc review if they make decisions that run against their perceived ideological biases. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

Published
2006

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