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THE LIFE CYCLE OF JURISPRUDENTIAL REGIMES:
THE SUPREME COURT AND THE CONSTITUTIONAL LAW OF CIVIL RIGHTS
by
Marcella Marlowe
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(POLITICAL SCIENCE)
December 2008
Copyright 2008 Marcella Marlowe
Object Description
| Title | The life cycle of jurisprudential regimes: the supreme court and the constitutional law of civil rights |
| Author | Marlowe, Marcella |
| Author email | marlowe@usc.edu; marcella_m@roadrunner.com |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Political Science |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2008-10-23 |
| Date submitted | 2008 |
| Restricted until | Unrestricted |
| Date published | 2008-12-04 |
| Advisor (committee chair) | Gillman, Howard |
| Advisor (committee member) |
Hancock, Ange-Marie Seip, Terry |
| Abstract | Is there a "life cycle" pattern to jurisprudence? This dissertation draws on institutional-based Court literature and American Political Development literature to refute the existing view of the common law system as a mostly-seamless pattern of ever-developing rulings, each of which builds on the last and continually clarifies our understanding of the law in a given area. Instead, I argue that doctrine in any given caselaw area follows a life cycle pattern consisting of a pre-governance phase, where the Court has not settled on a doctrinal test to apply consistently, a governance phase, where the Court establishes and consistently applies one doctrinal test in a given area of caselaw, and a post-governance phase, where consensus regarding the existing doctrinal test breaks down.; I also draw on emerging literature related to notions of jurisprudential regimes, articulated as periods of time where the Court is governed by a particular doctrine in a particular area of caselaw. Because this parallels my conception of the governance phase, I also apply the life cycle pattern in this case study to the jurisprudential regime concept to better inform our understanding of its utility.; I examine both the life cycle pattern and its applicability to jurisprudential regimes within the context of 14th Amendment equal protection challenges as it pertains to race, using qualitative methods. I conclude that the life cycle pattern is successfully borne out, with three regimes demonstrated to date, all following the three-phase pattern. |
| Keyword | constitutional law; civil rights; supreme court; race; judicial behavior; judicial decisionmaking; jurisprudential regimes; equal protection; 14th amendment |
| Geographic subject (country) | USA |
| Coverage date | 1868/2008 |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m1873 |
| Contributing entity | University of Southern California |
| Rights | Marlowe, Marcella |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | cisadmin@lib.usc.edu |
| Filename | etd-Marlowe-2526 |
| Archival file | uscthesesreloadpub_Volume40/etd-Marlowe-2526.pdf |
Description
| Title | Page 1 |
| Contributing entity | University of Southern California |
| Repository email | cisadmin@lib.usc.edu |
| Full text | THE LIFE CYCLE OF JURISPRUDENTIAL REGIMES: THE SUPREME COURT AND THE CONSTITUTIONAL LAW OF CIVIL RIGHTS by Marcella Marlowe A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (POLITICAL SCIENCE) December 2008 Copyright 2008 Marcella Marlowe |
