Howard Gillman
Datos Biográficos
| ID | 989206 |
|---|---|
| NOMBRE | Howard Gillman |
| NOMBRES | Howard |
| APELLIDO | Gillman |
| FIRMA | GILLMAN H |
| AFILIACIONES | University of Southern California |
| VERIFICADO | No |
| TOTAL DE OBRAS | 30 |
| TOTAL DE CITAS | 158 |
| TOTAL COMO AUTOR | 30 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1994 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2005 |
| ÍNDICE H | 6 |
The Democratic Constitution
The Democratic Constitution. By Neal Devins and Louis Fisher. New York: Oxford University Press, 2004. 303p. $72.00 cloth, $19.95 paper. For more than a quarter century, Louis Fisher has been arguing against court-centered approaches to constitutional studies by showing how constitutional law is “shaped both by judicial and nonjudicial forces,” including the actions of “the elected branches, the states, interest groups, and the general public” (p…
First Amendment Doctrine as Regime Politics
Research Article| January 01 2005 First Amendment Doctrine as Regime Politics Howard Gillman Howard Gillman Search for other works by this author on: This Site Google The Good Society (2005) 14 (1-2): 59–61. https://doi.org/10.2307/20711205 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Howard Gillman; First Amendment Doctrine as Regime Politics. The Good Society 1 January 2005; 14 (1-2): 59–61. doi: https://doi.org/10.2…
Disaster Relief, “Do Anything” Spending Powers, and the New Deal
Less than two years after Justice Harlan Fiske Stone reportedly advised Franklin Roosevelt's secretary of labor that “You can do anything under the taxing power,” the U.S. Supreme Court ruled in U.S. v. Butler that Congress had no authority to create a system whereby farmers would receive subsidies for limiting production, with the funds coming from a tax on basic commodities. While Stone, along with Brandeis and Cardozo, voted to uphold this fea…
Overruling Democracy
Journal Article Overruling Democracy: The Supreme Court vs. The American People Get access Overruling Democracy: The Supreme Court vs. The American People by Jamin B. Raskin. New York, Routledge, 2003. 290 pp. $27.50. Howard Gillman Howard Gillman University of Southern California Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 119, Issue 1, Spring 2004, Pages 210–211, https://doi.org/1…
Martin Shapiro and the Movement From “Old” to “New” Institutionalist Studies in Public Law Scholarship
This article uses Martin Shapiro's body of work as a point of departure for tracing the development over the past few decades of “institutionalist” approaches to the study of law and courts. It begins by reviewing some of the distinctive characteristics of Shapiro's brand of institutional analysis, including the pluralist and process models that informed his vision of politics and his preference for using historical-interpretive case study method…
Debate
How Political Parties Can Use the Courts to Advance Their Agendas
This case study of late-nineteenth century federal courts in the United States sheds light on two seemingly unrelated questions of general interest to political scientists: What tools are available to party leaders who seek to institutionalize their policy agendas or insulate those agendas from electoral politics? and How do we account for expansions of judicial power? Using an historical-interpretive analysis of partisan agendas, party control o…
What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Supreme Court in American Politics
Journal Article The Supreme Court in American Politics: New Institutionalist Interpretations Get access Gillman Howard Clayton Cornell, eds., The Supreme Court in American Politics: New Institutionalist Interpretations. Lawrence: University Press of Kansas, 1999. vii, 302 pp. $40.00 (hardback). $17.95 (paperback). George Dargo George Dargo New England School of Law Search for other works by this author on: Oxford Academic Google Scholar American …
From Fundamental Law to Constitutional Politics-And Back
From Fundamental Law to Constitutional Politics– And Back
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Justice Antonin Scalia and the Conservative Revival . Richard A. Brisbin Jr
The Collapse of Constitutional Originalism and the Rise of the Notion of the “Living Constitution” in the Course of American State-Building
In constitutional studies, the topic of “original intent” is typically treated as a debate within normative constitutional theory about the most appropriate way for interpreters to orient themselves to the text of the Constitution. The central question is whether American constitutionalism, properly understood, obligates interpreters to base decisions on what the framers had in mind when they wrote the Constitution or whether it obligates interpr…
Competition Policy in America, 1888-1992
Journal Article Competition Policy in America, 1888–1992: History, Rhetoric, Law Get access Peritz Rudolph J.R., Competition Policy in America, 1888–1992: History, Rhetoric, Law. New York: Oxford University Press, 1996. x, 374 pp. $45.00. Howard Gillman Howard Gillman University of Southern California Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 4, October 1997, Pages…
United States
More on the Origins of the Fuller Court's Jurisprudence
More on the Origins of the Fuller Court's Jurisprudence
Recent scholarship calls into question the traditional realist-behavioralist interpretation of the justices of the Fuller Court as motivated by a desire to promote their policy preferences for laissez-faire economics. This essay extends the assault on what might be referred to as the Holmesian para digm of the tum-of-the-century Court by exploring the jurisprudential origins of that Court's decision in the infamous Knight case, in which the justi…
The Antinomy of Public Purposes and Private Rights in the American Constitutional Tradition, or Why Communitarianism Is Not Necessarily Exogenous to Liberal Constitutionalism
Not long ago it was a central feature of critical scholarship that “liberal legalism” was beset by a set of antinomies that, when exposed, never failed to undermine overblown claims of law's majestic neutrality. In project after project, scholars demonstrated that beneath the smooth veneer of interlocking principles were conflicting doctrines that could be drawn upon creatively as judges saw fit. At the same time that contract law insists that th…
The Antinomy of Public Purposes and Private Rights in the American Constitutional Tradition, or Why Communitarianism Is Not Necessarily Exogenous to Liberal Constitutionalism
A Muted Fury
Program Committee
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The Chief Justiceship of Melville W. Fuller, 1888-1910
Journal Article The Chief Justiceship of Melville W. Fuller, 1888–1910. By James W. Ely Jr. (Columbia: University of South Carolina Press, 1995. xiv, 248 pp. $49.95, ISBN 1-57003-018-9.) Get access Howard Gillman Howard Gillman University of Southern California, Los Angeles, California Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 82, Issue 3, December 1995, Pages 1243–1244, https://d…
The Constitution Besieged
Journal Article The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence Get access Gillman Howard, The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence. Durham, N.C. and London: Duke University Press, 1993. x, 317 pp. $34.95. Fred D. Ragan Fred D. Ragan East Carolina University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal H…
Preferred Freedoms
The Struggle over Marshall and the Politics of Constitutional History
How Political Parties Can Use the Courts to Advance Their Agendas
This case study of late-nineteenth century federal courts in the United States sheds light on two seemingly unrelated questions of general interest to political scientists: What tools are available to party leaders who seek to institutionalize their policy agendas or insulate those agendas from electoral politics? and How do we account for expansions of judicial power? Using an historical-interpretive analysis of partisan agendas, party control o…
What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Preferred Freedoms
In this article I explore the origins of the tradition in constitutional law where by judges identify and extend special protections to a set of "preferred freedoms." I argue that American judges in the nineteenth century were in terested in constructing general protections for liberty broadly defined rather than special protections for a handful of particularly important liberties. They accomplished this by allowing legislative interferences wit…
Martin Shapiro and the Movement From “Old” to “New” Institutionalist Studies in Public Law Scholarship
This article uses Martin Shapiro's body of work as a point of departure for tracing the development over the past few decades of “institutionalist” approaches to the study of law and courts. It begins by reviewing some of the distinctive characteristics of Shapiro's brand of institutional analysis, including the pluralist and process models that informed his vision of politics and his preference for using historical-interpretive case study method…
On Constructing a Science of Comparative Judicial Politics
Tate and Haynie's (1993) recent essay in these pages on the functions of courts in authoritarian regimes is evidence of an increasing interest among American political scientists in the comparative study of judicial politics. There have always been a few among us who have argued for the benefits of broadening our perspectives beyond the American judiciary. As the story goes, the effort began 30 years ago with just a handful of pioneers meeting in…
The Collapse of Constitutional Originalism and the Rise of the Notion of the “Living Constitution” in the Course of American State-Building
In constitutional studies, the topic of “original intent” is typically treated as a debate within normative constitutional theory about the most appropriate way for interpreters to orient themselves to the text of the Constitution. The central question is whether American constitutionalism, properly understood, obligates interpreters to base decisions on what the framers had in mind when they wrote the Constitution or whether it obligates interpr…
The Struggle Over Marshall and the Politics of Constitutional History
A struggle is underway over the legacy of John Marshall. For some time a number of political scientists (Mendelson 1982; Wolfe 1986; Clinton 1989; Goldstein 1991) have been waging a battle to rescue Marshall from those who presumably have been claiming that the great Chief Justice not only established the precedent for judicial review but also established the precedent of the activist use of judicial power-with activist in this context referring …
Overruling Democracy
Journal Article Overruling Democracy: The Supreme Court vs. The American People Get access Overruling Democracy: The Supreme Court vs. The American People by Jamin B. Raskin. New York, Routledge, 2003. 290 pp. $27.50. Howard Gillman Howard Gillman University of Southern California Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 119, Issue 1, Spring 2004, Pages 210–211, https://doi.org/1…
Preferred Freedoms
The Struggle over Marshall and the Politics of Constitutional History
The Constitution Besieged
Journal Article The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence. By Howard Gillman. (Durham: Duke University Press, 1993. x, 317 pp. $34.95, ISBN 0-8223-1283-2.) Get access Edward A. Purcell, Jr. Edward A. Purcell, Jr. New York Law School, New York, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 81, Issue 2, September 1994, Pages 750–7…
United States
Preferred Freedoms
In this article I explore the origins of the tradition in constitutional law where by judges identify and extend special protections to a set of "preferred freedoms." I argue that American judges in the nineteenth century were in terested in constructing general protections for liberty broadly defined rather than special protections for a handful of particularly important liberties. They accomplished this by allowing legislative interferences wit…
The Struggle Over Marshall and the Politics of Constitutional History
A struggle is underway over the legacy of John Marshall. For some time a number of political scientists (Mendelson 1982; Wolfe 1986; Clinton 1989; Goldstein 1991) have been waging a battle to rescue Marshall from those who presumably have been claiming that the great Chief Justice not only established the precedent for judicial review but also established the precedent of the activist use of judicial power-with activist in this context referring …
On Constructing a Science of Comparative Judicial Politics
Tate and Haynie's (1993) recent essay in these pages on the functions of courts in authoritarian regimes is evidence of an increasing interest among American political scientists in the comparative study of judicial politics. There have always been a few among us who have argued for the benefits of broadening our perspectives beyond the American judiciary. As the story goes, the effort began 30 years ago with just a handful of pioneers meeting in…
Program Committee
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The Chief Justiceship of Melville W. Fuller, 1888-1910
Journal Article The Chief Justiceship of Melville W. Fuller, 1888–1910. By James W. Ely Jr. (Columbia: University of South Carolina Press, 1995. xiv, 248 pp. $49.95, ISBN 1-57003-018-9.) Get access Howard Gillman Howard Gillman University of Southern California, Los Angeles, California Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 82, Issue 3, December 1995, Pages 1243–1244, https://d…
The Constitution Besieged
Journal Article The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence Get access Gillman Howard, The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence. Durham, N.C. and London: Duke University Press, 1993. x, 317 pp. $34.95. Fred D. Ragan Fred D. Ragan East Carolina University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal H…
United States
More on the Origins of the Fuller Court's Jurisprudence
More on the Origins of the Fuller Court's Jurisprudence
Recent scholarship calls into question the traditional realist-behavioralist interpretation of the justices of the Fuller Court as motivated by a desire to promote their policy preferences for laissez-faire economics. This essay extends the assault on what might be referred to as the Holmesian para digm of the tum-of-the-century Court by exploring the jurisprudential origins of that Court's decision in the infamous Knight case, in which the justi…
The Antinomy of Public Purposes and Private Rights in the American Constitutional Tradition, or Why Communitarianism Is Not Necessarily Exogenous to Liberal Constitutionalism
Not long ago it was a central feature of critical scholarship that “liberal legalism” was beset by a set of antinomies that, when exposed, never failed to undermine overblown claims of law's majestic neutrality. In project after project, scholars demonstrated that beneath the smooth veneer of interlocking principles were conflicting doctrines that could be drawn upon creatively as judges saw fit. At the same time that contract law insists that th…
The Antinomy of Public Purposes and Private Rights in the American Constitutional Tradition, or Why Communitarianism Is Not Necessarily Exogenous to Liberal Constitutionalism
A Muted Fury
The Collapse of Constitutional Originalism and the Rise of the Notion of the “Living Constitution” in the Course of American State-Building
In constitutional studies, the topic of “original intent” is typically treated as a debate within normative constitutional theory about the most appropriate way for interpreters to orient themselves to the text of the Constitution. The central question is whether American constitutionalism, properly understood, obligates interpreters to base decisions on what the framers had in mind when they wrote the Constitution or whether it obligates interpr…
Competition Policy in America, 1888-1992
Journal Article Competition Policy in America, 1888–1992: History, Rhetoric, Law Get access Peritz Rudolph J.R., Competition Policy in America, 1888–1992: History, Rhetoric, Law. New York: Oxford University Press, 1996. x, 374 pp. $45.00. Howard Gillman Howard Gillman University of Southern California Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 4, October 1997, Pages…
From Fundamental Law to Constitutional Politics-And Back
From Fundamental Law to Constitutional Politics– And Back
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Justice Antonin Scalia and the Conservative Revival . Richard A. Brisbin Jr
The Supreme Court in American Politics
Journal Article The Supreme Court in American Politics: New Institutionalist Interpretations Get access Gillman Howard Clayton Cornell, eds., The Supreme Court in American Politics: New Institutionalist Interpretations. Lawrence: University Press of Kansas, 1999. vii, 302 pp. $40.00 (hardback). $17.95 (paperback). George Dargo George Dargo New England School of Law Search for other works by this author on: Oxford Academic Google Scholar American …
What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
How Political Parties Can Use the Courts to Advance Their Agendas
This case study of late-nineteenth century federal courts in the United States sheds light on two seemingly unrelated questions of general interest to political scientists: What tools are available to party leaders who seek to institutionalize their policy agendas or insulate those agendas from electoral politics? and How do we account for expansions of judicial power? Using an historical-interpretive analysis of partisan agendas, party control o…
Debate
Political science (28 obras) · Law (26 obras) · Law (25 obras) · Politics (21 obras) · Judicial and Constitutional Studies (16 obras) · American Constitutional Law and Politics (15 obras) · Sociology (13 obras) · Law and economics (11 obras) · Legal and Constitutional Studies (9 obras) · Constitutional law (8 obras)