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Separation of Powers in Massachusetts: Cooperation, Not Conflict; The Supreme Judicial Court and the Massachusetts Legislature

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Abstract:

This paper presents a view of judicial involvement in the development of public policy which challenges common understandings of the interaction between courts and legislatures as being marked by conflict or emphasizing struggles for power. It draws on a study of the relationship between the Supreme Judicial Court of Massachusetts (the high court) and the General Court (the legislature) from the 1970s through the 1990s' in which over 3400 opinions were analyzed and for which justices and staff were interviewed.

Most Common Document Word Stems:

court (199), legislatur (121), law (119), power (113), state (79), public (76), separ (73), massachusett (71), judici (70), case (63), legisl (63), polici (60), v (57), justic (57), immun (56), tort (54), government (49), act (48), mass (46), action (45), sjc (45),

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Keywords: separation of powers; high courts; Massachusetts; judicial policymaking; state supreme courts; state courts; Supreme Judicial Court
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Name: American Political Science Association
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MLA Citation:

DeMary, Michele. "Separation of Powers in Massachusetts: Cooperation, Not Conflict; The Supreme Judicial Court and the Massachusetts Legislature" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-27 <http://www.allacademic.com/meta/p66466_index.html>

APA Citation:

DeMary, M. , 2002-08-28 "Separation of Powers in Massachusetts: Cooperation, Not Conflict; The Supreme Judicial Court and the Massachusetts Legislature" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-27 from http://www.allacademic.com/meta/p66466_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper presents a view of judicial involvement in the development of public policy which challenges common understandings of the interaction between courts and legislatures as being marked by conflict or emphasizing struggles for power. It draws on a study of the relationship between the Supreme Judicial Court of Massachusetts (the high court) and the General Court (the legislature) from the 1970s through the 1990s' in which over 3400 opinions were analyzed and for which justices and staff were interviewed.

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Associated Document Available American Political Science Association
Associated Document Available Political Research Online

Document Type: .pdf
Page count: 41
Word count: 15009
Text sample:
SEPARATION OF POWERS IN MASSACHUSETTS: COOPERATION NOT CONFLICT THE SUPREME JUDICIAL COURT AND THE MASSACHUSETTS LEGISLATURE Michele DeMary Ph. D. Assistant Professor Department of Political Science Susquehanna University Selinsgrove PA 570­372­4181 demary@susqu.edu Presented in a Poster Session at the Annual Meeting of the American Political Science Association Friday August 30 2002 Boston Massachusetts 2 SEPARATION OF POWERS IN MASSACHUSETTS: COOPERATION NOT CONFLICT THE SUPREME JUDICIAL COURT AND THE MASSACHUSETTS LEGISLATURE * The Supreme Judicial Court of Massachusetts the state's
General 426 Mass. 136 (1997). Doe v. Attorney General 430 Mass. 155 (1999). Hannigan v. The New Gamma­Delta Chapter of Kappa Sigma Fraterniy 367 Mass. 658 (1975). 41 Irwin v. Department of Youth Services 388 Mass. 810 (1983). Irwin v. Town of Ware 392 Mass. 745 (1985). Jean W. v. Commonwealth 414 Mass. 496 (1992). Lewis v. Lewis 370 Mass. 619 (1976). McStowe v. Bornstein 377 Mass. 804 (1979). Morash and Sons v. Commonwealth 363 Mass. 612 (1973). Opinion


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