Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

By Daryl R. Privott | Go to book overview

CHAPTER VI
Eyes Front

LENSES

A micro and macro analysis of the decision was performed using the theoretical perspectives of two legal scholars to provide insight and a perspective on Chief Justice Roberts’ decisionmaking process and to test the theory of the role of the Supreme Court in our governance system. The micro legal analysis utilized the theories and teachings of Judge Benjamin Cardozo presented in his text “The Nature of the Judicial Process” to examine the judicial decision-making style of Chief Justice Roberts. The macro legal analysis utilized the theory presented by Jeffrey Rosen in his text “The Most Democratic Branch.”

Judge Benjamin Cardozo is considered one of the greatest American jurists and his landmark text “The Nature of the Judicial Process” is a booklet on judicial decision-making. This text was published in 1921 and still exerts influence among legal scholars and remains valuable to judges and students of law. Cardozo advocates a method for addressing the judicial decisionmaking process, which was applied to the Opinion of the Court delivered by Chief Justice Roberts. The method identifies four sources of information that the judge uses for guidance in the judicial decision-making process. The sources of information are Philosophy, Evolution, Tradition, and Sociology. The sources of information are identified as standalone sources; however, each leads to the next to complete the judicial decision-making template.

Philosophy examines the logical progression of a principle in the judicial decision-making process. Cardozo contended that this “mode of reasoning assumes that the law is necessarily a

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Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair
Table of contents

Table of contents

  • Title Page iii
  • Table of Contents v
  • Acknowledgements vi
  • Chapter I- Fall in 1
  • Chapter II- Attention 11
  • Chapter III- Halt 31
  • Chapter IV- Ranks 51
  • Chapter V- Present Arms 111
  • Chapter VI- Eyes Front 125
  • Chapter VII- Fall out 131
  • Chapter VIII- Dismiss 149
  • Table of Authorities 159
  • References 161
  • Index 173
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