Politics and the Courts: Toward a General Theory of Public Law

By Barbara M. Yarnold | Go to book overview

Introduction

IN SEARCH OF A THEORY OF PUBLIC LAW

As a graduate student in public policy analysis/political science under the precise direction of Lettie M. Wenner, a prominent public law researcher, I recall being somewhat bewildered by the numerous conflicting results of public law analyses, which seemed to lack cohesion. Research efforts to that point were quite impressive in terms of their contribution to understanding decision making by the courts. As an attorney who had practiced law and served as a law clerk to a state court judge (civil division), many of the attacks of public law analysts on the presumed objectivity and impartiality of the courts seemed justified to me.

Any law student who has suffered through three years of examinations that require erudite comprehension of the law, and who has spent countless hours reading through cases in search of the law, has some intuitive sense that the great cases that are important precedents (primarily U.S. Supreme Court cases) lack internal consistency and meaning, and are perhaps molded not so much by enlightened constitutional analysis as by the political and cultural environment of presiding judges and their personal preferences.

My subsequent practice as an attorney tended to confirm these early suspicions, as I observed that the best attorneys are those who are able to win the "unwinnable" cases, in which both the facts and the law appear to offer little support to their clients. Further, the most successful attorneys seem to spend more time on their yachts, playing golf, and driving European cars than their less successful counterparts, who are often found madly searching for the law in law libraries. In short, some of the best attorneys seemed to prosper not so much due to their intellectual powers as due to their awareness of court politics. These are the lawyers who know where to file a particular case and

-xiii-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Politics and the Courts: Toward a General Theory of Public Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 154

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.