An Introduction to Folk Music in the United States by Bruno Nettl

By Bruno Nettl

What intrigues the scholar of people track is the instability of his topic. A folks tune takes no crystallized shape; it's a part of those that sing it and of these who pay attention it move it on. Treating one of these important and human topic as though it have been a part of a superb approach with common, immutable legislation will be like classifying the habit of a fowl within the laboratory and ignoring its loose flight.

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But perhaps their answers should not be taken at face value. As one of the judges claimed, “[E]verybody minds it. Don’t believe that business about ‘I don’t mind a bit’ – at least from any judge who is any good” (140). Another study came at the same question from a different direction. 18 Chevron is generally viewed as directing lower courts to accord substantial deference to agency interpretations. Cross and Tiller uncovered a “whistle blower” effect in their cases: Judges were more likely to defer to interpretations that ran contrary to their own ideological leanings if there was an ideological split on the panel.

Nevertheless, what they were able to communicate suggested that they view legal soundness rather broadly, certainly as more than faithful adherence to precedent. A legally correct decision might “follow a good text on the subject,” “follow decisions that are binding and the conventions we should follow in interpreting statutes and cases,” involve “logic and reasoning, sometimes just plain common sense,” rely on “honest fact reporting,” and so on. Judges’ views on this subject are explored at greater length in Chapter 5.

This is the task of the next chapter. S. Courts of Appeals in the 1980s and 1990s. This chapter introduces these cases and the legal rules involved in them. First, I explain how the cases were chosen and discuss possible biases arising from the sample selection method. Next comes some information about the legal rules, meant to give the reader a more concrete sense of the types of issues contested in the cases. I then describe the Supreme Court’s reactions to the new rules, showing that circuit judges had a substantial independent impact on legal policy.

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