Document Type

Article

Peer Reviewed

1

Publication Date

2-1992

Journal/Book/Conference Title

The Journal of Politics

DOI of Published Version

10.2307/2131646

Abstract

Unlike the Vinson and Warren Courts, efforts to cumulatively scale the business decisions of the Burger Court on the basis of the justices' responses toward economic liberalism have proven unsuccessful. Several reasons are advanced for this change including the Court's attitude to transfers of power between state government, federal government, and individual business entities; the exercise of agency or judicial power; and two-case characteristics. Through the use of probit, we find that distinct patterns exist among the independent variables in relation to the direction of the Court's decision. Based on the explanatory power of our model, it is evident that a new ideology has emerged: "instrumental libertarianism," in which the Court effectuates its libertarianism through the exercise of judicial power, agency action, and considerations of federalism.

Journal Article Version

Version of Record

Published Article/Book Citation

The Journal of Politics, 54:1 (1992) pp. 120-134.

Rights

Copyright © 1992 Southern Political Science Association. Used by permission. http://journals.cambridge.org/action/displayJournal?jid=JOP

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URL

https://ir.uiowa.edu/polisci_pubs/25