How difference matters in the development of legal doctrine

University Of California-Los Angeles, Los Angeles CA

Investigators

Abstract

This project systematically tracks the development of a major legal term over time. Using a multi-method research design, this project draws on quantitative and qualitative analyses of court cases, news media reports, and in-depth interviews with legal and non-legal actors to determine how a legal term of art has been defined; how it articulates a principle that has shaped the trajectory of subsequent law; and how both legal actors and non-legal actors have become a part of shaping its use over time. The research will offer important insights into how specific legal terms, adopted for a chosen policy purpose, can possibly shift in meaning over time in response to new legal doctrine and, potentially, due to changing social understanding. The project will analyze data from a variety of institutional settings [federal courts, federal statutes, state statutes], popular media coverage [print media stories and op-eds] and political actors [interest groups, social movements, and lawyers]. It includes analysis of 487 Federal court decisions and accompanying case documents, legal analysis of 265 federal and state statutes, textual analysis of 840 news stories and op-eds, and 40 interviews with stakeholders.