{"title":"The American Legal Academy and Jurisprudence II","authors":"G. White","doi":"10.1093/OSO/9780190634940.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780190634940.003.0007","url":null,"abstract":"By the close of World War II, Legal Realism had become the dominant jurisprudential perspective in the American legal academy. But developments connected to the use of totalitarian regimes of the left and right put pressure on the apparent claim of realists that “law” was simply the decisions of officials holding power. In response to that concern, and to the “antidemocratic” dimensions of judicial review of major institutions by unelected judges, “process theory,” featuring emphasis on institutional constraints and the obligation of judges to describe cases on legal principles transcending results in cases, became entrenched as a jurisprudential perspective. But then, between the 1970s and the close of the century, process theory lost its resonance. The chapter surveys those developments.","PeriodicalId":283594,"journal":{"name":"Law in American History, Volume III","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129639197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law and Politics","authors":"G. White","doi":"10.1093/OSO/9780190634940.003.0013","DOIUrl":"https://doi.org/10.1093/OSO/9780190634940.003.0013","url":null,"abstract":"\u0000 Bush v. Gore, when it was first decided, was widely criticized by commentators as an unjustifiable intervention by the Supreme Court into the Florida electoral process in the 2000 presidential election. Two decades later, the case seems much less significant, and arguably less controversial. The chapter traces the “journey” of the Supreme Court toward Bush v. Gore, which consisted of a combination of its abandoning the “political question” doctrine, which posited that the Court should avoid reviewing legislative decisions affecting the redistricting of voters in political elections, and the unique circumstances of the 2000 presidential election in Florida and Florida’s electoral processes.","PeriodicalId":283594,"journal":{"name":"Law in American History, Volume III","volume":"22 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116857149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}