Symposium: Courts, Judges, Politics—Some Political Science Perspectives

Lucius J. Barker
Unlike most symposia, this one is not restricted to a single topic. The common theme of this endeavor, and there is even an exception to this, is that the research and ideas presented are those of professionally trained political scientists. But the exception—a contribution by a recent law school graduate—underscores the basic purpose of this Symposium: to show the insights and values that can be gained by examining a variety…

Political Culture and Judicial Research

Joel B. Grossman and Austin Sarat
In what ways does a legal system respond to demands from the political system? How and why are these demands made to the legal system? How are they transformed into policy outputs? And how do these outputs affect the processes of change and the maintenance of stability? Our purpose in this Article is to suggest an approach to research on these questions. Specifically, we will suggest ways in which the…

The Impact of Judicial Decisions: New Dimensions in Supreme Court-Congressional Relations, 1945-1968

Larry L. Berg, Albert Melone and John R. Schmidhauser
This research report is an investigation of Congressional roll call behavior and interest group activity in response to Supreme Court decisions involving civil rights and liberties, and economic, labor and welfare issues. The report is designed to explore the nature and relative stability of those variables which may influence Congressmen when they vote on judiciary-oriented roll calls in the above mentioned issue categories.

The Socialization of New Federal Judges: Impact on District Court Business

Beverly Blair Cook
For ten years the federal court system has offered an introductory seminar to newly appointed district (trial) judges. The manifest purpose of the seminars is to prepare the neophyte federal judge to share the caseload of his district with maximum efficiency by training him in the newest techniques of case processing. The seminars are an experiment in specific socialization to the requirements of the judicial role, since “the craft of…

The Enforcement of the Illinois Felony Marijuana Law in Chicago

Richard P. Fahey
This study looks at the enforcement of the Illinois marijuana law by the police and court having jurisdiction over the City of Chicago. Data was collected in two separate surveys during the summer of 1969, one of the Chicago Police and the other of the Circuit Court of Cook County Criminal Division’s Narcotics Court. It should be noted that the purpose of this study was not to follow the same…

Judicial Myth and Reality

Wesley G. Skogan
We use the term “legitimacy” here in a special way: legitimacy is the willingness of people, for a variety of reasons, to defer to the decisions of judges—even if they lose. People may so defer (grant legitimacy) because they feel that the law in their case was fair and impartial, or, if they do not like the law, because the judge appeared to exercise his discretion to look out for…

A Political Scientist and Voting-Rights Litigation: The Case of the 1966 Texas Registration Statute

Walter Dean Burnham
It is not the purpose of this Article to deal at length with the evolution of judicial doctrine and legislative action affecting voting rights. Rather, I shall attempt a sketch of two things here: the background and implications of a recently decided case in which a state’s personal-registration statute was struck down by a federal court, and my own involvement in the case.

Response—The Honorable Lindsay G. Arthur: What Makes Judges Judge

Lindsay G. Arthur
Judges are reasonably complex and more or less human, maybe almost as much so as other people: “If you prick us, do we not bleed? If you tickle us do we not laugh?” We do not react simply to one course of indoctrination, we also have stomach aches; nor do we in splendid isolation balance equities, we also see people; nor are we concerned only with sustaining a judicial myth…

Response—Werner F. Grunbaum

Werner F. Grunbaum
social science has important contributions to make to the law in all of these areas. However, applied research must be supplemented by significant basic theoretical research. Applied research without substantive theoretical base will lead sooner or later to the same condemnation of “infant social science” that was voiced in connection with the Brown v. Board decision. Problem oriented social science research cannot and will not endure unless it is grounded…

Response—Francis M. Gaffney

Francis M. Gaffney
Does the social scientist have a role to play in helping judicial decision-makers make more effective and valid decisions? Even when this question is juxtaposed with the skepticism which has characterized the legal profession’s attitudes toward the social sciences, the answer would seem to be yes. The research reported here does not bear the imprint of youth, imprecision or changefulness. The studies by Grossman, Schmidhauser and Skogan are indicative of…

Response—Lawrence M. Friedman: Some Thoughts on the Relationship Between Law and Political Science

The smug self-satisfaction of legal education retarded, for years, the interdisciplinary study of law. That self-satisfaction is now in process of retreat, and there is underway a serious movement to reform, recast, and revitalize legal education. There are two attacking armies: one from the clinical-activist side, and another from the social science side. The two forces are now allied, in rather uneasy coalition, against their joint enemy, the traditional forms…