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2005 - American Political Science Association Pages: 28 pages || Words: 6806 words || 
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1. Clark, Tom. "The Effect of War on Judicial Deference to the Executive Branch: The Courts of Appeals, 1904-2003" 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>. 2019-12-06 <http://citation.allacademic.com/meta/p41015_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Does a state of war allow presidents to capitalize on their “foreign policy prerogative” in the domestic arena? Do the courts respond to the “wartime president” by becoming more deferential to the executive branch? These questions are examined through an analysis of executive-judicial interactions at the Courts of Appeals. Existing literature demonstrates that judges behave more conservatively with respect to civil liberties during war. There is also evidence to suggest that courts defer to the president more when foreign policy is at issue. This paper asks whether a state of war can blur the lines between the foreign policy and domestic policy functions of the president. The study uses original data from 1490 cases before the Courts of Appeals involving federal executive discretion over a one hundred year time period. Probit analysis demonstrates that judicial deference to the executive in wartime clearly extends to all criminal cases. On the other hand, the statistical evidence suggests that during war, judges do not increase their deference in civil cases. This finding suggests that the distinction between the foreign policy and domestic policy presidencies can be confused during wartime.
Supporting Publications:
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2007 - American Sociological Association Pages: 20 pages || Words: 8335 words || 
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2. Skuratowicz, Eva. and Hunter, Larry. "Huggin’ and Kissin’ vs. Knowing What’s Right for the Customer: Doing Gender in Bank Branches" Paper presented at the annual meeting of the American Sociological Association, TBA, New York, New York City, Aug 11, 2007 Online <PDF>. 2019-12-06 <http://citation.allacademic.com/meta/p184169_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: We draw on participant observation and in-depth interviews at branches of “Bank Holding Company” to study the performance of gender (Butler, 1999) in the workplace as a set of systematic pattenrs of interaction between and among workers, managers, and customers. The study is set in the context of a restructuring process through which gendered assumptions about branch level positions were integral to the job of the “Personal Banker,”a position in which workers were mainly responsible for selling financial products and services. The data enable us to investigate the interplay and tensions between gender practices that were associated with the gender-typing of jobs and those that matched workers’ own gender identities. For example, among twenty-eight salespeople (16 women and 12 men), nearly all the men used gender practices identified with productive masculinity: aggressive competition, hyper-selling and assertion of authority. Several of the women, in contrast, focused on customer care in their sales strategies, despite official discouragement of this approach. Although gender is done frequently at work, not all actions performed by women and men indicate gender: a number of salespeople used selling styles that relied on neither masculine nor femine gender-specific characteristics. The data suggest that workers’ brought a fluid understanding of gender to their work in the bank, providing a set of empirical examples of gender as a social process, while illustrating a range of potential responses to the organizational practices that frame gendered activity in the workplace.

2008 - Southern Political Science Association Words: 309 words || 
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3. Fischer, Elaine. "Confidence in the Executive Branch: A Look at the Differences Between the President and the Institution" Paper presented at the annual meeting of the Southern Political Science Association, Hotel Intercontinental, New Orleans, LA, Jan 09, 2008 <Not Available>. 2019-12-06 <http://citation.allacademic.com/meta/p212387_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Public trust in governmental authorities and institutions are of the utmost importance to the strength of democracies. Most studies of trust have been almost exclusively micro-level enterprises dominated by cross-sectional analyses of survey data. Furthermore, although trust has been examined abundantly in regards to government as a whole, and to Congress and the Supreme Court, little institutional research has looked at trust in regards to the executive branch. With the executive branch always being overlooked due to numerous studies on presidential approval, there is a ravine in the institutional and trust in government literature. Therefore, my study examines the causal factors of trust in the executive branch over time and also analyzes the differences between presidential approval and trust in the executive branch. My findings suggest that the public views the institution differently than they do the individual; much like people evaluate Congress differently than they do their representative.

My statistical analysis is based on a time series data set I created with the use of James Stimsons' dyad ratios algorithm. Most time series analyses of macro-level politics have examined only specific areas including: presidential approval, policy issues, and election results. In contrast, I developed a quarterly time series measure to examine trust in the executive branch. In addition to examining trust in the executive branch as a single and distinct phenomenon, I also use this new time series data set to conduct Granger causality tests to see how public trust in the three branches of our government affects each other. In conclusion, through the use of statistical methods (Prais-Winsten regression and Granger causality) I answer the following questions: What are the factors that cause trust in the executive branch to vary? Are these factors significantly different from presidential approval? And, how does trust in one branch of government granger cause trust in the other branches of government?

2006 - The Law and Society Association Words: 251 words || 
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4. Yalof, David. "What's a Little Prosecution Among Friends? Investigating Allegations of Executive Branch Wrongdoing in the Absence of an Independent Counsel" Paper presented at the annual meeting of the The Law and Society Association, Jul 06, 2006 <Not Available>. 2019-12-06 <http://citation.allacademic.com/meta/p96089_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In recent months public frustration over the Bush administration's handling of leaks has led to renewed calls that the independent counsel be brought back as a means of insuring greater integrity in government. The now-defunct Independent Counsel provisions of the Ethics in Government Act -- which authorized officials outside of the executive branch under certain circumstances to investigate and prosecute government corruption -- often came to dominate the landscape of American politics between 1978 and 1999. Meanwhile, another critical feature of American politics went largely unnoticed. For every instance in which the Attorney General makes a formal applications for an Independent Counsel, literally hundreds of cases of potential wrongdoing were instead handled internally, either by Justice Department officials, the FBI, or some other prosecuting authority. The Washington press has reported on hundreds of instances of alleged executive branch wrongdoing during this period, with alleged offenses ranging from the acceptance of illegal gifts, to charges that officials committed campaign finance violations or betrayed the trust of their office. (Only a handful of those charges were investigated by duly authorized Independent Counsels.) This paper focuses on how officials in the Justice Department and other executive branch agencies address thse allegations of official wrongdoing. In what ways does the prosecution of executive branch officials by the Justice Department differ from its prosecution of members of other branches, or indeed, of ordinary citizens? Archival research at presidential libraries will provide a key source of data for this paper.

2007 - The Law and Society Association Words: 229 words || 
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5. Schauffler, Richard. "Measuring Court Performance: Judicial Independence and Judicial Branch Accountability" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2019-12-06 <http://citation.allacademic.com/meta/p182153_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: State courts have yet to demonstrate their competence at providing efficient and effective dispute resolution. Historically, courts have used few, if any, measures of performance, typically focusing on a single dimension (timeliness) while ignoring others. At the same time, state courts have lagged behind in articulating a persuasive case for the separation of powers and for judicial branch independence, and have resisted attempts to be accountable. In the face of increasing budgetary and political pressures to articulate what it is state courts do for the public and how they justify the resources required for those services, a paradigm shift is required.

This paper reports on the first empirical results of implementing a set of ten performance measures in a sample of state courts. The ten measures, known as CourTools, provide a balanced scorecard approach, combining quantitative case processing and fiscal data with qualitative survey data from court customers and court employees. The results indicate how empirical data contradicts popular (among judges and court management) notions of how well the court is performing. Detailed analysis of event times in case processsing and their Implications for caseflow management are discussed. Finally, the implications of this approach to performance measurement for court management are considered, and an approach favoring a unitary view of the court as an organization is suggested in order to overcome the traditional bifurcated (legal (judges) v. administrative (managers) model.

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