Public Law Questions-May 2000

 

Answer one question from Part I and one question from Part II.

 

Part I

1. One of the chief debates in the judicial policy making literature is over the relative merits of the Aattitudinal@ and Alegal@ models of decision making.  Describe the attitudinal model.  What evidence is there to support it?  How has the legal model been conceptualized?  What evidence exists for or against it?  Feel free to discuss courts other than the U.S. Supreme Court.

 

2. The last several years has seen a burgeoning literature on strategic behavior in courts.  What is meant by Astrategic@ behavior?  What are some different contexts in which judges are thought to act strategically?  What does the evidence suggest about whether judges are strategic actors?

 

3. How much impact do Supreme Court decisions have on non-judicial policy makers and the general public?  What factors affect the extent of the Courts= impact?  Be sure to cite and describe relevant studies.

 

 

 

Part II

1. Briefly explain and then critically assess the developing standards in constitutional law and politics with respect to two of the following areas:

A) federal-state relations

B) the (dis)establishment of religion and the state

C) unreasonable searches and seizures

D) equal protection of the law

 

2. In recent articles and a book, Judge Richard Posner argued Aagainst constitutional law theory.@  Write a response to Judge Posner, explaining why constitutional law theory is important and assessing the merits and limitations of two or three alternative theories of constitutional interpretation.  Cite appropriate literature and cases as illustrations of your points.

 

3. In the recent ruling in County of Sacramento v. Lewis (1998), Justices David Souter and Antonin Scalia debated the continued viability and enforcement of the concept of substantive due process.  Briefly explain the history of that concept and, then, assess the contemporary controversy over its application.