Wake Forest Law Review
judicial, supreme court, responsibility, bakke, fourteenth amendment, noncriminal
In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging doctrinal changes and about the nature of the Supreme Court as an institution.
Perceptions of Judicial Responsibility: The Views of the Nine United States Supreme Court Justices as They Consider Claims in Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, 14 Wake Forest Law Review 1097 (1978)