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Jurisprudential Regimes and Obscenity Doctrine

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Abstract:

This paper builds on a body of research devoted to developing the concept of “jurisprudential regimes,” which tangibly constrain Supreme Court decision making by framing the central issues considered by the justices in particular areas of the law. More specifically, it applies the jurisprudential regime construct to obscenity doctrine and tests whether the Supreme Court’s decision in Miller v. California (1973) established a jurisprudential regime in that area of the law. It finds that while the justices’ ideological preferences are strong predictors of their votes in obscenity cases, there is substantial evidence that the framework announced in Miller does affect their voting behavior.

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miller (99), justic (95), court (71), case (63), obscen (63), v (56), vote (50), model (47), suprem (44), regim (40), u.s (36), jurisprudenti (36), state (34), variabl (34), test (32), polit (32), materi (30), segal (24), decis (23), 1 (23), law (22),

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jurisprudential regime, United States Supreme Court, obscenity, judicial behavior
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MLA Citation:

Buchman, Jeremy. "Jurisprudential Regimes and Obscenity Doctrine" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2011-03-14 <http://www.allacademic.com/meta/p41143_index.html>

APA Citation:

Buchman, J. , 2005-09-01 "Jurisprudential Regimes and Obscenity Doctrine" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <PDF>. 2011-03-14 from http://www.allacademic.com/meta/p41143_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper builds on a body of research devoted to developing the concept of “jurisprudential regimes,” which tangibly constrain Supreme Court decision making by framing the central issues considered by the justices in particular areas of the law. More specifically, it applies the jurisprudential regime construct to obscenity doctrine and tests whether the Supreme Court’s decision in Miller v. California (1973) established a jurisprudential regime in that area of the law. It finds that while the justices’ ideological preferences are strong predictors of their votes in obscenity cases, there is substantial evidence that the framework announced in Miller does affect their voting behavior.

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Associated Document Available American Political Science Association
Associated Document Available Political Research Online

Document Type: PDF
Page count: 17
Word count: 6709
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Jurisprudential Regimes and Obscenity Doctrine Jeremy Buchman Long Island University (C.W. Post Campus) Department of Political Science 720 Northern Boulevard Brookville NY 11548 jeremy.buchman@liu.edu Prepared for delivery at the 2005 Annual Meeting of the American Political Science Association September 1 - September 4 2005. Copyright by the American Political Science Association. 1 ABSTRACT This paper builds on a body of research devoted to developing the concept of “jurisprudential regimes ” which tangibly constrain Supreme Court decision making by framing
v. California. 1973. 413 U.S. 15. New York v. Ferber. 1982. 458 U.S. 747. Paris Adult Theatre I v. Slaton. 1973. 413 U.S. 49. Pope v. Illinois. 1987. 481 U.S. 497. Redrup v. New York. 1967. 386 U.S. 767. Reno v. American Civil Liberties Union. 1997. 521 U.S. 844. Renton v. Playtime Theatres Inc. 1986. 475 U.S. 41. Roth v. United States. 1957. 354 U.S. 476. Sable Communications of California v. FCC. 1989. 492 U.S. 115. Schad v. Mount


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