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A “Catholic Layman of German Nationality and Citizenship”?: Carl Schmitt and the Religiosity of Life  

Reinhard Mehring

Print publication date:
Jan 2017
Online publication date:
Dec 2014
Carl Schmitt positioned his constitutional theory in the context of a “political theology” and referred to himself repeatedly as a Catholic. Schmitt scholarship has long pursued this ... More

Access to Intermediate Appellate Courts  

Donald R. Songer and Susan B. Haire

Print publication date:
Jun 2017
Online publication date:
Jul 2017
The formal organization of court systems and jurisdictional rules established by legislatures often determine which litigants will have their cases reviewed by an appellate court. While ... More

Administrative Law  

Daniel B. Rodriguez

Print publication date:
Aug 2008
Online publication date:
Sep 2009
The central objective of administrative law is to reconcile two major aims: the successful exercise of regulatory power by the bureaucracy and the tethering of administrative agencies to ... More

The African American Psyche, 1865–Present: An Overview  

Claude Steele and Jennifer Richeson

Print publication date:
May 2012
Online publication date:
Sep 2012
There are multiple possible views of the Black American psyche. But in the science that focuses on the psyche, the science of psychology, there has really been only variants of one view: ... More

Agenda-Setting on the U.S. Supreme Court  

Ryan J. Owens and James Sieja

Print publication date:
Jun 2017
Online publication date:
Jul 2017
Understanding the conditions under which the Supreme Court sets its agenda is crucial to understanding Supreme Court behavior. After all, before the justices make any decision on the ... More

An American Conundrum: Race, Sociology, And The African American Road To Citizenship  

Lawrence D. Bobo

Print publication date:
May 2012
Online publication date:
Sep 2012
The question of race lies at the heart of one of the great debates of American ideas and scholarly discourse. At one end of this debate we can find those who argue for the American Liberal ... More

The Amorphous Relationship between Congress and the Courts  

Michael A. Bailey, Forrest Maltzman, and Charles R. Shipan

Print publication date:
Mar 2011
Online publication date:
May 2011
The relationship between Congress and the judiciary is a complex one that is poorly defined or understood. This ambiguity in the relationship is the result of the failure of the ... More

The Analysis of Courts in the Economic Analysis of Law  

Lewis A. Kornhauser

Print publication date:
Aug 2008
Online publication date:
Sep 2009
Many analyses of courts within the economic analysis of law are indistinguishable from those produced by positive political theorists; they consider how judges control, exploit, or resolve ... More

Analyzing Constitutions  

Peter M. Shane

Print publication date:
Jun 2008
Online publication date:
Sep 2009
This article looks at constitutions. The status and function of constitutions are discussed in the first section of the chapter. It then discusses implementing key founding bargains and ... More

Animals as Scientific Objects  

Mike Michael

Print publication date:
Apr 2017
Online publication date:
Jun 2014
The chapter addresses the topic of animals as scientific objects by drawing on recent literature that emphasizes the heterogeneous construction—or eventuation—of the object. As such, the ... More

Animals in Religion  

Stephen R. L. Clark

Print publication date:
Apr 2017
Online publication date:
Dec 2014
Both “animals” and “religion” are contentious concepts, with many possible meanings and associations. This chapter takes animals to be eukaryotes distinct from protists, plants and fungi, ... More

Appointing Federal Judges  

Nancy Scherer

Print publication date:
Jun 2017
Online publication date:
Jul 2017
This chapter discusses the historical development of the modern-day lower court appointment process. When lower court judgeships were used as patronage, the process ran smoothly from ... More

Appointing Supreme Court Justices  

Christine L. Nemacheck

Print publication date:
Jun 2017
Online publication date:
Jul 2017
This chapter assesses the literature on Supreme Court appointments and considers directions for future research. Early work on appointments tended to be in the form of broad political ... More

Bureaucracy, Democracy, and Judicial Review  

Jerry L. Mashaw

Print publication date:
Oct 2010
Online publication date:
Jan 2011
This article describes how the limitations on managerial and political control of administration yield an almost necessary demand for legal control through judicial review. Judicial review ... More

The Carceral State and American Political Development  

Amy E. Lerman and Vesla M. Weaver

Print publication date:
Aug 2016
Online publication date:
Jul 2014
Since mid-century, the capacity of the United States to punish and surveil its citizenry has undergone tremendous expansion. Yet this phenomenal transformation and its repercussions for ... More

Carl Schmitt and Modernity  

Friedrich Balke

Print publication date:
Jan 2017
Online publication date:
Jan 2015
Carl Schmitt’s political and juridical thought is anchored in a specific diagnosis of modernity. He develops the concept of the political because of how the location and address of the ... More

Carl Schmitt and the Weimar Constitution  

Ulrich K. Preuß

Print publication date:
Jan 2017
Online publication date:
Dec 2014
This chapter explores Carl Schmitt’s response as a political, legal, and constitutional theorist to the permanent crisis of the Weimar Republic during its short-lived existence between ... More

Carl Schmitt in Plettenberg  

Christian Linder

Print publication date:
Jan 2017
Online publication date:
Jan 2015
This chapter focuses on Carl Schmitt’s years in post–World War II Germany. After being released from the Nuremberg prison for war criminals, Schmitt returned to his birthplace, ... More

Carl Schmitt’s Defense of Democracy  

William Rasch

Print publication date:
Jan 2017
Online publication date:
Nov 2014
Carl Schmitt accommodated himself to the ascendency of democratic thinking in the post–World War I world of the 1920s. No sovereign authority, he argued, could fail to acknowledge “the ... More

Church and State in Nineteenth-Century America  

Steven K. Green

Print publication date:
Nov 2010
Online publication date:
Jan 2011
The nineteenth century is tagged as the “forgotten century” for traditional reviews of American church–state relations. Most of the case books and historical studies of the church and ... More

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