Jurisprudential regimes the Supreme Court, civil rights, and the life cycle of judicial doctrine

Author / Creator

Marlowe, Marcella, 1974-

Available as

Online

Summary

Marlowe's work draws on institutional-based Supreme Court literature, American Political Development literature, and emerging jurisprudential regime literature to argue that Court doctrine in casel...

Marlowe's work draws on institutional-based Supreme Court literature, American Political Development literature, and emerging jurisprudential regime literature to argue that Court doctrine in caselaw 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. She examines the life cycle pattern and it

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