Stephan Stohler
Biographic Data
| ID | 4398024 |
|---|---|
| NAME | Stephan Stohler |
| GIVEN NAMES | Stephan |
| FAMILY NAME | Stohler |
| SIGNATURE | STOHLER S |
| AFFILIATIONS | Albany State University |
| ORCID | 0000-0002-9832-274X |
| VERIFIED | Yes |
| TOTAL WORKS | 5 |
| TOTAL CITATIONS | 5 |
| AUTHOR COUNT | 5 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2018 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 1 |
Judicial Power and the Shifting Purpose of Article V
Article V of the U.S. Constitution, which establishes the formal amendment procedure, sets perhaps the highest bar to reform of any national constitution, discouraging amendment. But despite these challenges, members of Congress have proposed nearly twelve thousand constitutional amendments, with most introduced after the New Deal, raising questions about why members engage in such seemingly futile efforts. We argue that the rise of judicial powe…
Giving Succor to Extremism
Free speech is essential to democracy and political participation. But scholars hold competing expectations about whether courts will protect free speech in similar ways for extremism. Drawing on free speech cases from high courts in Australia, Canada, India, and South Africa, as well as from the European Court of Human Rights, I show that judges are substantially less likely to support free speech in cases involving extremist claimants or extrem…
Untangling the Partisan Roots of Affirmative Action
Affirmative action policies are often adopted in unexpected places, at unexpected times, and by unlikely groups of policymakers. To help reconcile these anomalies, I offer a theory of affirmative action, one that accounts for the proliferation of these policies according to lawmakers’ distinct partisan interests to manipulate political competition in pursuit of political office and control of the state. I identify four distinct logics that vary d…
Free Expression and Judicial Power in Colombia, India, and South Africa
The growth of judicial power globally has renewed scholarly debates about who benefits from increased judicial authority. Using original data, we examine the full universe of constitutional free expression decisions issued by three apex courts—in Colombia, India, and South Africa—across three categories of disputes that feature a diverse array of rights claimants. By so doing, we shed light on the limits of elite-driven accounts of judicial empow…
Slavery and Just Compensation in American Constitutionalism
The existence of compensation clauses, guaranteeing compensation when governments took private property, in antebellum state constitutions varied considerably across states and over time. Existing explanations struggle to account for such variation. I argue that slavery had an important, though varied, influence, depending on the changing strategic behavior of proslavery constitutional drafters. Proslavery delegates opposed compensation when they…
Slavery and Just Compensation in American Constitutionalism
The existence of compensation clauses, guaranteeing compensation when governments took private property, in antebellum state constitutions varied considerably across states and over time. Existing explanations struggle to account for such variation. I argue that slavery had an important, though varied, influence, depending on the changing strategic behavior of proslavery constitutional drafters. Proslavery delegates opposed compensation when they…
Judicial Power and the Shifting Purpose of Article V
Article V of the U.S. Constitution, which establishes the formal amendment procedure, sets perhaps the highest bar to reform of any national constitution, discouraging amendment. But despite these challenges, members of Congress have proposed nearly twelve thousand constitutional amendments, with most introduced after the New Deal, raising questions about why members engage in such seemingly futile efforts. We argue that the rise of judicial powe…
Untangling the Partisan Roots of Affirmative Action
Affirmative action policies are often adopted in unexpected places, at unexpected times, and by unlikely groups of policymakers. To help reconcile these anomalies, I offer a theory of affirmative action, one that accounts for the proliferation of these policies according to lawmakers’ distinct partisan interests to manipulate political competition in pursuit of political office and control of the state. I identify four distinct logics that vary d…
Free Expression and Judicial Power in Colombia, India, and South Africa
The growth of judicial power globally has renewed scholarly debates about who benefits from increased judicial authority. Using original data, we examine the full universe of constitutional free expression decisions issued by three apex courts—in Colombia, India, and South Africa—across three categories of disputes that feature a diverse array of rights claimants. By so doing, we shed light on the limits of elite-driven accounts of judicial empow…
Slavery and Just Compensation in American Constitutionalism
The existence of compensation clauses, guaranteeing compensation when governments took private property, in antebellum state constitutions varied considerably across states and over time. Existing explanations struggle to account for such variation. I argue that slavery had an important, though varied, influence, depending on the changing strategic behavior of proslavery constitutional drafters. Proslavery delegates opposed compensation when they…
Free Expression and Judicial Power in Colombia, India, and South Africa
The growth of judicial power globally has renewed scholarly debates about who benefits from increased judicial authority. Using original data, we examine the full universe of constitutional free expression decisions issued by three apex courts—in Colombia, India, and South Africa—across three categories of disputes that feature a diverse array of rights claimants. By so doing, we shed light on the limits of elite-driven accounts of judicial empow…
Giving Succor to Extremism
Free speech is essential to democracy and political participation. But scholars hold competing expectations about whether courts will protect free speech in similar ways for extremism. Drawing on free speech cases from high courts in Australia, Canada, India, and South Africa, as well as from the European Court of Human Rights, I show that judges are substantially less likely to support free speech in cases involving extremist claimants or extrem…
Untangling the Partisan Roots of Affirmative Action
Affirmative action policies are often adopted in unexpected places, at unexpected times, and by unlikely groups of policymakers. To help reconcile these anomalies, I offer a theory of affirmative action, one that accounts for the proliferation of these policies according to lawmakers’ distinct partisan interests to manipulate political competition in pursuit of political office and control of the state. I identify four distinct logics that vary d…
Judicial Power and the Shifting Purpose of Article V
Article V of the U.S. Constitution, which establishes the formal amendment procedure, sets perhaps the highest bar to reform of any national constitution, discouraging amendment. But despite these challenges, members of Congress have proposed nearly twelve thousand constitutional amendments, with most introduced after the New Deal, raising questions about why members engage in such seemingly futile efforts. We argue that the rise of judicial powe…
Law (5 works) · Law (5 works) · Law and economics (5 works) · Political science (5 works) · Sociology (5 works) · Judicial and Constitutional Studies (4 works) · Politics (4 works) · Legal and Constitutional Studies (3 works) · Action (physics (2 works) · American Constitutional Law and Politics (2 works)