東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

The life cycle of jurisprudential re...

University of Southern California., Political Science.

Linked to FindBook

Google Book

Amazon

博客來

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

Record Type:	Language materials, printed : Monograph/item
Title/Author:	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.
LDR:02613nam 2200337 a 45 001 860394
005 20100715
008 100715s2008 ||||||||||||||||| ||eng d
020 $a 9780549975168
035 $a (UMI)AAI3341747
035 $a AAI3341747
040 $a UMI $c UMI
100 1 $a Marlowe, Marcella. $3 1027968
245 1 4 $a The life cycle of jurisprudential regimes: The Supreme Court and the constitutional law of civil rights.
300 $a 187 p.
500 $a Adviser: Howard Gillman.
500 $a Source: Dissertation Abstracts International, Volume: 70-01, Section: A, page: 0332.
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.
590 $a School code: 0208.
650 4 $a Black Studies. $3 1017673
650 4 $a Law. $3 600858
650 4 $a Political Science, General. $3 1017391
690 $a 0325
690 $a 0398
690 $a 0615
710 2 $a University of Southern California. $b Political Science. $3 1027967
773 0 $t Dissertation Abstracts International $g 70-01A.
790 $a 0208
790 1 0 $a Gillman, Howard, $e advisor
790 1 0 $a Hancock, Ange-Marie $e committee member
790 1 0 $a Seip, Terry $e committee member
791 $a Ph.D.
792 $a 2008
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=3341747