Warning: Shameless Plug
crossf at MAIL.UTEXAS.EDU
Thu Aug 3 15:39:33 PDT 2000
Emerson Tiller & I have done a little empirical work here, published
in 73 SoCal L Rev. 741 We took all cases in which any opinion
mentioned federalism and coded them for whether they were pro-states
rights and whether the outcome was conservative or liberal. The finding
was that ideology explained the Justices' votes better than sincere
pro-states rights. But of course ideology did not explain everything.
I sure there is some "sincere federalism" going on, but the Justices seem
more inclined to like the states when their ideological outcome conforms
to that of the Justices.
Herbert D. Kelleher Centennial Professor of Business Law
University of Texas at Austin
Austin, TX 78712
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