Lee Epstein - The Supreme Court and Legal Change: Abortion and the Death Penalty (Thornton H Brooks Series in American Law and Society)
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The Supreme Court and Legal Change: Abortion and the Death Penalty (Thornton H Brooks Series in American Law and Society)
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The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices political beliefs, they focus on the way litigators propel certain issues onto the Courts agenda and seek to persuade the justices to affect legal change.
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The Supreme Court and Legal Change : Abortion and the Death Penalty Thornton H. Brooks Series in American Law and Society
author
:
Epstein, Lee.; Kobylka, Joseph Fiske.
publisher
:
University of North Carolina Press
isbn10 | asin
:
0807820512
print isbn13
:
9780807820513
ebook isbn13
:
9780807861295
language
:
English
subject
United States.--Supreme Court, Abortion--Law and legislation--United States, Capital punishment--United States, Political questions and judicial power--United States.
publication date
:
1992
lcc
:
KF8742.E67 1992eb
ddc
:
344.73/0546/0269
subject
:
United States.--Supreme Court, Abortion--Law and legislation--United States, Capital punishment--United States, Political questions and judicial power--United States.
Page iii
THE THORNTON H. BROOKS SERIES IN AMERICAN LAW AND SOCIETY
Page iv
The Supreme Court and Legal Change
Abortion and the Death Penalty
LEE EPSTEIN JOSEPH F. KOBYLKA
The University of North Carolina Press Chapel Hill and London
Page v
1992 The University of North Carolina Press All rights reserved Manufactured in the United States of America
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
96 95 94 93 92 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data Epstein, Lee, 1958 The Supreme Court and legal change: abortion and the death penalty / by Lee Epstein and Joseph F. Kobylka. p. cm. (The Thornton H. Brooks series in American law and society) Includes bibliographical references (p. ) and index. ISBN 0-8078-2051-2 (cloth : alk. paper). ISBN 0-8078-4384-9 (pbk. : alk. paper) 1. United States. Supreme Court. 2. AbortionLaw and legislationUnited States. 3. Capital punishmentUnited States. 4. Political questions and judicial powerUnited States. I. Kobylka, Joseph Fiske. II. Title. III. Series. KF8742.E67 1992 344.7305460269dc20 [347.3045460269]92-53618 CIP
Page vi
To four extraordinary teachers LYDIA ESSLINGER HARVEY KLEHR LINDA MOLM AND THOMAS WALKER L. E.
To my parents JOE AND FAITH (for usually saying yes and occasionally saying no) J. F. K.
Page viii
CONTENTS
Preface
xiii
ONE
Introduction
1
TWO
The Agents of Legal Change
9
THREE
Capital Punishment I: The Road to Furman
34
FOUR
Capital Punishment II: From FurmantoMcCleskey
83
FIVE
Abortion I: The Road to Roe
137
SIX
Abortion II: From RoetoWebster
203
SEVEN
The Life of the Law: Understanding the Dynamics of Legal Change
299
Appendix I. Profile of Capital Punishment Cases
313
Appendix 2. Profile of Abortion Cases
317
Notes
325
Table of Cases
379
References
383
Index
409
TABLES AND FIGURES
TABLES
2-1
Profile of the Justices of the U.S. Supreme Court, 19671990
14
2-2
From the Warren Court to the Rehnquist Court: Support for Civil Liberties Claims
20
3-1
Status of the Death Penalty, 1840s1960s
38
3-2
Justices' Voting in Six Capital Punishment Cases, 19681970
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