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Unanimity and Brown in Perspective: Institutions and the Shaping of Choice on the Supreme Court

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Abstract:

This paper sets out to explain elements of the relatively stable norm of unanimity on the US Supreme Court in educational desegregation cases between1948 and 1971. In particular, it focuses on the beginning and end of these
periods, and of the norm: on the means by which it was constructed and by which it fell. In this paper, there are two sets of questions I try to address: why and how was unanimity created as a norm in the educational desegregation cases leading up to Brown; and why and how did it crumble
at the end of this period?

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court (135), case (130), burger (85), would (82), opinion (81), school (74), black (74), unanim (70), note (69), dougla (65), box (64), justic (64), brennan (63), confer (52), decis (52), desegreg (51), order (45), equal (44), draft (44), wjbp (42), copi (42),
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Name: American Political Science Association
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MLA Citation:

Martin, Paul. "Unanimity and Brown in Perspective: Institutions and the Shaping of Choice on the Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 15, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p62088_index.html>

APA Citation:

Martin, P. , 2003-08-15 "Unanimity and Brown in Perspective: Institutions and the Shaping of Choice on the Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p62088_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper sets out to explain elements of the relatively stable norm of unanimity on the US Supreme Court in educational desegregation cases between1948 and 1971. In particular, it focuses on the beginning and end of these
periods, and of the norm: on the means by which it was constructed and by which it fell. In this paper, there are two sets of questions I try to address: why and how was unanimity created as a norm in the educational desegregation cases leading up to Brown; and why and how did it crumble
at the end of this period?

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

Document Type: .pdf
Page count: 21
Word count: 13205
Text sample:
Unanimity and Brown in Perspective: Institutions and the Shaping of Choice on the Supreme Court Paul J. Martin∗ Wadham College University of Oxford August 15 2003 1 Introduction This paper sets out to explain elements of the relatively stable norm of unanimity on the US Supreme Court in educational desegregation cases between 1948 and 1971. In particular it fo- cuses on the beginning and end of these periods and of the norm: on the means by which it was
after Forty Years: Confronting the Promise: the Supreme Vourt and Race Discrimination 1967-1991: the View from the Marshall Papers” William and Mary Law Review 36 (1995): 473–545. . and Lezin Katya. “What Really Happened in Brown v. Board of Education” Columbia Law Review 91 (1991): 1867–1930. Walker Thomas G. Lee Epstein and William J. Dixon. “On the Mysterious Demise of Consensual Norms in the United States Supreme Court” Journal of Politics 50 no. 2 (1988): 361–389. Woodward Bob and


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