|
|
|
|
The Supreme Court, U.S. Courts of Appeals, and Immigration Cases: A Case Study of Segmented Institutional Development |
|
| Abstract | Word Stems | Keywords | Association | Citation | Get this Document | Similar Titles |
|
STOP! You can now view the document associated with this citation by clicking on the "View Document as HTML" link below. |
|
Click here to view the document
|
Abstract:
|
The paper assess the changing role and missions of the Supreme Court and U.S. Courts of Appeals over time. My arguement is that each court's instituional development path is disimmilar. By the 1990s, we see the two courts operating in quite different instituional contexts which has consequences for the way the courts adjudicate cases as observable in the way they cope with rising caseloads. The paper is based on over 1,700 legal opinions on immigration from the Supreme Court and circuit courts/U.S. Courts of Appeals that were drawn from two time periods: 1801-1901 and 1990-2000. The cases were analyzed for patterns in modes of legal reasoning or the rationale that judges used for reaching their result. These modes of legal reasoning provide some insight into the way judges conceive of the immigration question over time. While the early circuit courts/U.S. Courts of Appeals towed the doctrinal line and closely follow Supreme Court precedent in 1801-1901, by the 1990s the U.S. Courts of Appeals have begun deciding cases with a mode of legal reasoning dissimilar to Supreme Court precedent. Moreover, the paper presents evidence that the U.S. Courts of Appeals have engaged in creative statutory interpretation to reach their desired result that is different from Supreme Court precedent and congressional intent. |
Most Common Document Word Stems:
court (255), case (205), appeal (169), suprem (142), circuit (142), u.s (131), immigr (117), alien (84), review (77), legal (74), judg (71), reason (69), law (62), judici (59), process (51), procedur (51), institut (49), decis (45), power (44), polit (44), due (42), |
|
|
 | Convention | | All Academic Convention is the premier solution for your association's abstract management solutions needs. |  | Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf. |  | Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets! |  | Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more! |  | Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering. |  | Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more! |  | Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches! | | Click here for more information. |
|
|
Association:
Name: American Political Science Association URL: http://www.apsanet.org
|
Citation:
|
MLA Citation:
| Law, Anna. "The Supreme Court, U.S. Courts of Appeals, and Immigration Cases: A Case Study of Segmented Institutional Development" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2008-10-09 <http://www.allacademic.com/meta/p41145_index.html> |
APA Citation:
| Law, A. O. , 2005-09-01 "The Supreme Court, U.S. Courts of Appeals, and Immigration Cases: A Case Study of Segmented Institutional Development" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <PDF>. 2008-10-09 from http://www.allacademic.com/meta/p41145_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: The paper assess the changing role and missions of the Supreme Court and U.S. Courts of Appeals over time. My arguement is that each court's instituional development path is disimmilar. By the 1990s, we see the two courts operating in quite different instituional contexts which has consequences for the way the courts adjudicate cases as observable in the way they cope with rising caseloads. The paper is based on over 1,700 legal opinions on immigration from the Supreme Court and circuit courts/U.S. Courts of Appeals that were drawn from two time periods: 1801-1901 and 1990-2000. The cases were analyzed for patterns in modes of legal reasoning or the rationale that judges used for reaching their result. These modes of legal reasoning provide some insight into the way judges conceive of the immigration question over time. While the early circuit courts/U.S. Courts of Appeals towed the doctrinal line and closely follow Supreme Court precedent in 1801-1901, by the 1990s the U.S. Courts of Appeals have begun deciding cases with a mode of legal reasoning dissimilar to Supreme Court precedent. Moreover, the paper presents evidence that the U.S. Courts of Appeals have engaged in creative statutory interpretation to reach their desired result that is different from Supreme Court precedent and congressional intent. |
Get this Document:
Find this citation or document at one or all of these locations below. The links below may have the citation or the entire document for free or you may purchase access to the document. Clicking on these links will change the site you're on and empty your shopping cart.
| Document Type: |
PDF |
| Page count: |
48 |
| Word count: |
14672 |
| Text sample: |
| The Supreme Court U.S. Courts of Appeals and Immigration Cases: A Case Study of Segmented Institutional Development Anna O. Law Assistant Professor DePaul University Alaw1@depaul.edu Paper prepared for presentation at the American Political Science Association annual conference. Washington D.C: August 31-September 4 2005. Using the case study of judicial preferences in U.S. immigration law this paper is an examination of the political development of the American Supreme Court and the Circuit Courts/ U.S Courts of Appeals. Institutional development scholars |
| following passage of the Chinese Exclusion Act in 1882 which marked the beginning of a period of restriction in immigration history. 2 In Yick Wo the Supreme Court majority ruled that a facially neutral law cannot be applied in discriminatory manner and to do so would be a violation of the equal protection clause of the 14th Amendment. 3 See Requena-Rodriquez v INS (5th Cir. 1999) 190 F.3d 299 304 noting that the Fourth Sixth Eighth Tenth and Eleventh |
Similar Titles:
Deciding to Reach the Merits: An Examination of Supreme Court and Circuit Court Judicial Power Cases
Institutional Rules, Structures, and Arrangements and their Influence on Supreme Court and Circuit Court Behavior in American Immigration Law
|
|