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The life cycle of jurisprudential re...

University of Southern California., Political Science.

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The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights.

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights./
Author:	Marlowe, Marcella.
Description:	187 p.
Notes:	Adviser: Howard Gillman.
Contained By:	Dissertation Abstracts International70-01A.
Subject:	Black Studies. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=3341747
ISBN:	9780549975168

The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights.
Marlowe, Marcella.

The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights. - 187 p.

Adviser: Howard Gillman.

Thesis (Ph.D.)--University of Southern California, 2008.

Is there a "life cycle" pattern to jurisprudence? This dissertation draws on institutional-based Court literature and American Political Development literature to refute the existing view of the common law system as a mostly-seamless pattern of ever-developing rulings, each of which builds on the last and continually clarifies our understanding of the law in a given area. Instead, I argue that doctrine in any given caselaw area follows a life cycle pattern consisting of a pre-governance phase, where the Court has not settled on a doctrinal test to apply consistently, a governance phase, where the Court establishes and consistently applies one doctrinal test in a given area of caselaw, and a post-governance phase, where consensus regarding the existing doctrinal test breaks down.

ISBN: 9780549975168Subjects--Topical Terms:

1017673
Black Studies.

The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights.
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502 $a Thesis (Ph.D.)--University of Southern California, 2008.
520 $a Is there a "life cycle" pattern to jurisprudence? This dissertation draws on institutional-based Court literature and American Political Development literature to refute the existing view of the common law system as a mostly-seamless pattern of ever-developing rulings, each of which builds on the last and continually clarifies our understanding of the law in a given area. Instead, I argue that doctrine in any given caselaw area follows a life cycle pattern consisting of a pre-governance phase, where the Court has not settled on a doctrinal test to apply consistently, a governance phase, where the Court establishes and consistently applies one doctrinal test in a given area of caselaw, and a post-governance phase, where consensus regarding the existing doctrinal test breaks down.
520 $a I also draw on emerging literature related to notions of jurisprudential regimes, articulated as periods of time where the Court is governed by a particular doctrine in a particular area of caselaw. Because this parallels my conception of the governance phase, I also apply the life cycle pattern in this case study to the jurisprudential regime concept to better inform our understanding of its utility.
520 $a I examine both the life cycle pattern and its applicability to jurisprudential regimes within the context of 14th Amendment equal protection challenges as it pertains to race, using qualitative methods. I conclude that the life cycle pattern is successfully borne out, with three regimes demonstrated to date, all following the three-phase pattern.
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