Lenz, Timothy

This article examines the treatment of empirical research data by conservative Supreme
Court Justices. Supreme Court case decisions have throughout the 20th and 21st centuries cited
social science research that contribute to judicial decision making, with conservative justices
often showing a pattern of skepticism justices towards social science research. 21 case rulings
are examined to see how the conservative justices on the Supreme Court under Chief Justice
John Roberts treat empirical evidence in their decision-making. The treatment of evidence
presented by the U.S. Government or Congress in considering the constitutionality of legislation
is also examined. Analyzing the opinions found that the conservative justices tend to be skeptical
of social science research and often criticize its use by liberal justices, but will cite data
depending on the framing of the issue and their view on the reliability of the evidence. The
opinions also suggest that while the conservative justices may cite empirical evidence in majority
and dissent opinions such evidence does not take precedence over legal and ideologically
influenced decision-making.

The separation of powers doctrine is a pillar of American government, characterized by the separation and balancing of legislative, executive and judicial powers. Throughout its history, the Supreme Court has alternated between formalism and functionalism in its separation of powers jurisprudence. The Court relied upon a greater use of the formalistic separation of powers over a functional, balancing of governmental powers as a way to check congressional delegations of authority to administrative agencies. While conservative formalists invalidated numerous presidential initiatives and congressional delegations to agencies, liberal justices used the functional model after 1937 to uphold delegations of power until the Court revived the formal-functional debate. Analysis of Court decisions regarding congressional versus presidential power over agencies is essential for understanding the revival of the debate over agency viability within tripartite government in three landmark cases: INS v. Chadha, (1983) Bowsher v. Synar (1986) and Morrison v. Olson (1988).

This Master's Thesis examines movies of political and social significance during Hollywood's Golden Age. Significance is here defined as belonging to those films that have been singled out by historians and critics for their social "conscience" as well as films whose significance I have found in the course of my research and after a lifetime of watching movies. The films of this era included strong social and political analysis, contrary to a tradition of film study which depicts the Golden Age as either apolitical entertainment or basically a conservative defense of the status quo. The thesis describes how the politics of the Golden Age films began with a critical, anti-establishment outlook in the 1930's but evolved as a cooperative partner of the establishment by the Second World War. This change occurred in part because of the special relationship that Hollywood (led by Warner Brothers Studios) developed with the Roosevelt Administration. I shall further examine the consequences of this evolution for the film industry in the post-war era and cold war eras.

The Everglades restoration is now the centerpiece for environmental policymaking in South Florida. The 1991 settlement of the Everglades lawsuit marked a new era of environmental politics known as civic environmentalism. Concepts of civic environmentalism are used in this study to determine if policies developed since the 1991 lawsuit settlement support a successful Everglades restoration and a sustainable South Florida, a vital connection that ensures the socio-economic health of the built environment as well as the environmental health of South Florida's unique ecosystems. Indicators reveal that legislation supports a democratic process, but a nonformal model of civic environmentalism demonstrates that there are weaknesses in many areas, especially on the local level. Results of the study suggest that even though civic environmentalism prevails in some cases, stronger policies that connect both the built and natural environment will be necessary to ensure a successful Everglades restoration and a sustainable South Florida.