Scott D Gerber
Biographic Data
| ID | 653728 |
|---|---|
| NAME | Scott D Gerber |
| GIVEN NAMES | Scott D |
| FAMILY NAME | Gerber |
| SIGNATURE | GERBER S D |
| AFFILIATIONS | Ohio Northern University |
| VERIFIED | No |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 14 |
| AUTHOR COUNT | 17 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2015 |
| H-INDEX | 2 |
Law and Religion in Colonial Connecticut
Montesquieu famously concluded in The Spirit of the Laws that each form of government has an animating principle — a set of “human passions that set it in motion” — and that each form can be corrupted if its animating principle is undermined. For the colony of Connecticut the animating principle was Puritan Congregationalism.Part I of my paper chronicles how central Puritan Congregationalism was in the organic law, statutory law, and common law o…
William Penn and the Origins of Judicial Tenure during Good Behavior
Scholars typically trace the origins of judicial tenure during good behavior to the 1701 British Act of Settlement. This article, published as the lead article in the July 2012 issue of the Pennsylvania Magazine of History and Biography, maintains that William Penn anticipated by two decades, in organic laws in both New Jersey and Pennsylvania, the 1701 Act on the importance of this most famous of all institutional solutions to the political theo…
Bringing Ideas Back In—A Brief Historiography of American Colonial Law
Famously dismissed by Roscoe Pound as useless antiquarianism, American colonial law has received increasing attention from scholars in recent years. This essay chronicles the rise of American colonial legal history as a field of study. The essay applauds this development, but recommends that the field remember its roots in intellectual history of the sort practiced by several giants of the past.
The People Themselves: Popular Constitutionalism and Judicial Review
Journal Article The People Themselves: Popular Constitutionalism and Judicial Review Get access The People Themselves: Popular Constitutionalism and Judicial Review. By Kramer Larry D.. (New York: Oxford University Press, 2004. xii, 363 pp. $29.95, isbn0-19-516918-2.) Scott D. Gerber Scott D. Gerber Ohio Northern UniversityAda, Ohio Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 92, Is…
The Supreme Court, Part I: The Least Dangerous Branch
I remember fondly pbs's award-winning 1988 documentary This Honorable Court (reviewed in the JAH, Dec. 1989, p. 1006). That two-part program explored the United States Supreme Court as both a source of stability and a force for social change, and it also afforded viewers unprecedented glimpses of life inside the Supreme Court building. I had long hoped pbs would update that wonderful documentary, and now it has, thanks to Thirteen/wnet New York. …
The Real Clarence Thomas: Confirmation Veracity Meets Performance Reality
Journal Article The Real Clarence Thomas: Confirmation Veracity Meets Performance Reality Get access Smith Christopher E. Baugh Joyce A., The Real Clarence Thomas: Confirmation Veracity Meets Performance RealityNew York: Peter Lang, 2000. 235 pp. $29.95. Scott D. Gerber Scott D. Gerber Ohio Northern University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 45, Issue 1, January 20…
The Bill of Rights: Government Proscribed
Journal Article The Bill of Rights: Government Proscribed. Ed. by Ronald Hoffman and Peter J. Albert. (Charlottesville: University Press of Virginia, 1997. xii, 463 pp. $42.50, ISBN 0-8139-1759-X.) Get access Scott D. Gerber Scott D. Gerber Social Philosophy and Policy Center Hampton, Virginia Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 86, Issue 2, September 1999, Pages 760–761, ht…
The Reign of Law: Marbury v. Madison and the Construction of America
Journal Article The Reign of Law: Marbury v. Madison and the Construction of America. By Paul W. Kahn. (New Haven: Yale University Press, 1997. xii, 306 pp. $35.00, ISBN 0-300-06679-1.) Get access Scott D. Gerber Scott D. Gerber Florida Coastal School of Law Jacksonville, Florida Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 84, Issue 4, March 1998, Pages 1494–1495, https://doi.org/10…
The Great Chief Justice: John Marshall and the Rule of Law
The Quixotic Search for Consensus on the U.S. Supreme Court: A Cross-Judicial Empirical Analysis of the Rehnquist Court Justices
In this first systematic and extensive application of cross-judicial methodology, we examine the members of the Rehnquist Court (1986–94 terms) with prior appellate court experience to discern any correlation with their Supreme Court behavior in terms of nonconsensual opinion writing and voting. We find that they become less consensual as justices than they were as judges in the lower court. Importantly, this finding holds after controlling for s…
Judging Thomas: The Politics of Assessing a Supreme Court Justice
AUTHOR'S NOTE: An earlier version of this article was presented at the 1994 annual meeting of the National Conference of Black Political Scientists. I am grateful to Michael Clemons, Bill Daniels, Stanford Gerber, Charles Kromkowski, Lawrence Morehouse, and Bill Morrow for helpful comments. The article is part of a larger work in progress, First Principles: The Jurisprudence of Clarence Thomas (New York University Press, forthcoming). The author …
Roger Sherman and the Bill of Rights
This note analyzes the draft Bill of Rights in Roger Sherman's handwriting found among the James Madison papers at the Library of Congress in 1987 and the circumstances of its formulation. Though in Sherman's handwriting, it represents not his personal views, but the work of members of the congressional select committee, on which he served, charged with preparing a draft from James Madison's initial proposals. The draft differs from both Madison'…
The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth
The Republican Revival in American Constitutional Theory
Reordering American Constitutional Law Teaching
Property, Power, and American Democracy. David A. Schultz
Whatever Happened to the Declaration of Independence? A Commentary on the Republican Revisionism in the Political Thought of the American Revolution
Was the United States founded to cultivate virtue or to protect rights? Republican interpretations argue the first, liberal ones the second, and the former has largely displaced the latter as the leading interpretation of the American Revolution. This article revisits the republican-liberal debate by addressing the revisionists' conspicuous neglect of the Declaration of Independence. The author concludes that the essential political premise of th…
The Quixotic Search for Consensus on the U.S. Supreme Court: A Cross-Judicial Empirical Analysis of the Rehnquist Court Justices
In this first systematic and extensive application of cross-judicial methodology, we examine the members of the Rehnquist Court (1986–94 terms) with prior appellate court experience to discern any correlation with their Supreme Court behavior in terms of nonconsensual opinion writing and voting. We find that they become less consensual as justices than they were as judges in the lower court. Importantly, this finding holds after controlling for s…
The People Themselves: Popular Constitutionalism and Judicial Review
Journal Article The People Themselves: Popular Constitutionalism and Judicial Review Get access The People Themselves: Popular Constitutionalism and Judicial Review. By Kramer Larry D.. (New York: Oxford University Press, 2004. xii, 363 pp. $29.95, isbn0-19-516918-2.) Scott D. Gerber Scott D. Gerber Ohio Northern UniversityAda, Ohio Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 92, Is…
The Reign of Law: Marbury v. Madison and the Construction of America
Journal Article The Reign of Law: Marbury v. Madison and the Construction of America. By Paul W. Kahn. (New Haven: Yale University Press, 1997. xii, 306 pp. $35.00, ISBN 0-300-06679-1.) Get access Scott D. Gerber Scott D. Gerber Florida Coastal School of Law Jacksonville, Florida Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 84, Issue 4, March 1998, Pages 1494–1495, https://doi.org/10…
The Great Chief Justice: John Marshall and the Rule of Law
Property, Power, and American Democracy. David A. Schultz
Whatever Happened to the Declaration of Independence? A Commentary on the Republican Revisionism in the Political Thought of the American Revolution
Was the United States founded to cultivate virtue or to protect rights? Republican interpretations argue the first, liberal ones the second, and the former has largely displaced the latter as the leading interpretation of the American Revolution. This article revisits the republican-liberal debate by addressing the revisionists' conspicuous neglect of the Declaration of Independence. The author concludes that the essential political premise of th…
The Republican Revival in American Constitutional Theory
Reordering American Constitutional Law Teaching
The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth
Judging Thomas: The Politics of Assessing a Supreme Court Justice
AUTHOR'S NOTE: An earlier version of this article was presented at the 1994 annual meeting of the National Conference of Black Political Scientists. I am grateful to Michael Clemons, Bill Daniels, Stanford Gerber, Charles Kromkowski, Lawrence Morehouse, and Bill Morrow for helpful comments. The article is part of a larger work in progress, First Principles: The Jurisprudence of Clarence Thomas (New York University Press, forthcoming). The author …
Roger Sherman and the Bill of Rights
This note analyzes the draft Bill of Rights in Roger Sherman's handwriting found among the James Madison papers at the Library of Congress in 1987 and the circumstances of its formulation. Though in Sherman's handwriting, it represents not his personal views, but the work of members of the congressional select committee, on which he served, charged with preparing a draft from James Madison's initial proposals. The draft differs from both Madison'…
The Great Chief Justice: John Marshall and the Rule of Law
The Quixotic Search for Consensus on the U.S. Supreme Court: A Cross-Judicial Empirical Analysis of the Rehnquist Court Justices
In this first systematic and extensive application of cross-judicial methodology, we examine the members of the Rehnquist Court (1986–94 terms) with prior appellate court experience to discern any correlation with their Supreme Court behavior in terms of nonconsensual opinion writing and voting. We find that they become less consensual as justices than they were as judges in the lower court. Importantly, this finding holds after controlling for s…
The Reign of Law: Marbury v. Madison and the Construction of America
Journal Article The Reign of Law: Marbury v. Madison and the Construction of America. By Paul W. Kahn. (New Haven: Yale University Press, 1997. xii, 306 pp. $35.00, ISBN 0-300-06679-1.) Get access Scott D. Gerber Scott D. Gerber Florida Coastal School of Law Jacksonville, Florida Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 84, Issue 4, March 1998, Pages 1494–1495, https://doi.org/10…
The Bill of Rights: Government Proscribed
Journal Article The Bill of Rights: Government Proscribed. Ed. by Ronald Hoffman and Peter J. Albert. (Charlottesville: University Press of Virginia, 1997. xii, 463 pp. $42.50, ISBN 0-8139-1759-X.) Get access Scott D. Gerber Scott D. Gerber Social Philosophy and Policy Center Hampton, Virginia Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 86, Issue 2, September 1999, Pages 760–761, ht…
The Real Clarence Thomas: Confirmation Veracity Meets Performance Reality
Journal Article The Real Clarence Thomas: Confirmation Veracity Meets Performance Reality Get access Smith Christopher E. Baugh Joyce A., The Real Clarence Thomas: Confirmation Veracity Meets Performance RealityNew York: Peter Lang, 2000. 235 pp. $29.95. Scott D. Gerber Scott D. Gerber Ohio Northern University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 45, Issue 1, January 20…
The People Themselves: Popular Constitutionalism and Judicial Review
Journal Article The People Themselves: Popular Constitutionalism and Judicial Review Get access The People Themselves: Popular Constitutionalism and Judicial Review. By Kramer Larry D.. (New York: Oxford University Press, 2004. xii, 363 pp. $29.95, isbn0-19-516918-2.) Scott D. Gerber Scott D. Gerber Ohio Northern UniversityAda, Ohio Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 92, Is…
The Supreme Court, Part I: The Least Dangerous Branch
I remember fondly pbs's award-winning 1988 documentary This Honorable Court (reviewed in the JAH, Dec. 1989, p. 1006). That two-part program explored the United States Supreme Court as both a source of stability and a force for social change, and it also afforded viewers unprecedented glimpses of life inside the Supreme Court building. I had long hoped pbs would update that wonderful documentary, and now it has, thanks to Thirteen/wnet New York. …
Bringing Ideas Back In—A Brief Historiography of American Colonial Law
Famously dismissed by Roscoe Pound as useless antiquarianism, American colonial law has received increasing attention from scholars in recent years. This essay chronicles the rise of American colonial legal history as a field of study. The essay applauds this development, but recommends that the field remember its roots in intellectual history of the sort practiced by several giants of the past.
William Penn and the Origins of Judicial Tenure during Good Behavior
Scholars typically trace the origins of judicial tenure during good behavior to the 1701 British Act of Settlement. This article, published as the lead article in the July 2012 issue of the Pennsylvania Magazine of History and Biography, maintains that William Penn anticipated by two decades, in organic laws in both New Jersey and Pennsylvania, the 1701 Act on the importance of this most famous of all institutional solutions to the political theo…
Law and Religion in Colonial Connecticut
Montesquieu famously concluded in The Spirit of the Laws that each form of government has an animating principle — a set of “human passions that set it in motion” — and that each form can be corrupted if its animating principle is undermined. For the colony of Connecticut the animating principle was Puritan Congregationalism.Part I of my paper chronicles how central Puritan Congregationalism was in the organic law, statutory law, and common law o…
Political science (17 works) · Law (16 works) · Law (13 works) · American Constitutional Law and Politics (12 works) · Politics (8 works) · Judicial and Constitutional Studies (7 works) · History (6 works) · Sociology (6 works) · History (5 works) · Philosophy (5 works)