Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases
研究了最高法院在1970年代性别歧视案件中的法律政策变化,提出用法理体制框架识别政策间断,并用文化认知和文化意外解释政策稳定与变化。
For the most part, punctuated equilibrium scholarship has ignored the legal policy change generated by the S upreme C ourt. In this study, I address this gap though an examination of the C ourt's equal protection and gender cases from the 1970s. My case study here has two aims. First, I offer an adaptation of the jurisprudential regimes framework as a device for framing and identifying legal policy punctuations. After identifying R eed v . R eed (1971) as the cut point of such a regime, I then use R eed and its progeny to illustrate the promise of culture in explaining stasis and change, specifically focusing on the concepts of cultural cognition and cultural surprise.