Obergefell v. Hodges, the 2015 Supreme Court decision establishing a constitutional right for same-sex couples to marry, marked the first time in the Court’s history that justices explicitly disagreed over the meaning and requirements of human dignity. In his dissenting opinion Clarence Thomas sought to reclaim rather than simply reject the language of dignity, advancing a conception of dignity that differed sharply from the conception embraced by the majority. Using this disagreement as a point of departure, this article demonstrates how dignity has served as an extra-textual value that underpins divergent visions of American constitutionalism that, in turn, inform interpretations of the Constitution’s text and history.
奥贝格费尔诉霍奇斯案(Obergefell v. Hodges)是最高法院2015年的一项裁决，确立了同性伴侣结婚的宪法权利，这标志着最高法院历史上大法官们首次在人类尊严的含义和要求上出现明确的分歧。在他的反对意见中，克拉伦斯·托马斯试图收回而不是简单地拒绝尊严的语言，提出了一种与大多数人所接受的概念截然不同的尊严概念。本文以这种分歧为出发点，展示了尊严如何作为一种文本外的价值，支撑着对美国宪政的不同看法，进而为对宪法文本和历史的解释提供信息。
{"title":"Dignity Disputed","authors":"Connor M. Ewing","doi":"10.1017/jlc.2022.18","DOIUrl":"https://doi.org/10.1017/jlc.2022.18","url":null,"abstract":"\u0000 Obergefell v. Hodges, the 2015 Supreme Court decision establishing a constitutional right for same-sex couples to marry, marked the first time in the Court’s history that justices explicitly disagreed over the meaning and requirements of human dignity. In his dissenting opinion Clarence Thomas sought to reclaim rather than simply reject the language of dignity, advancing a conception of dignity that differed sharply from the conception embraced by the majority. Using this disagreement as a point of departure, this article demonstrates how dignity has served as an extra-textual value that underpins divergent visions of American constitutionalism that, in turn, inform interpretations of the Constitution’s text and history.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48082788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Supreme Court confirmation hearings place the often-reclusive institution in the public spotlight and afford members of the Senate Judiciary Committee the ability to pursue important personal and party goals. I construct and evaluate a measure of rhetorical sentiment that considers the positive and negative behaviors of committee members during Supreme Court confirmation hearings between 1971 and 2020. While some observers have pointed to the evolving dynamics of confirmation hearings as being the result of key inflection points, I find that these events alone do not explain rhetorical behaviors. Instead, my results suggest that rhetorical behaviors have been predominately mediated by structures of party control and the balance of interbranch political power since at least the 1970s. I conclude by noting how these behaviors can further deteriorate the public’s perceptions that the Court remains insulated from the contentious political environment.
{"title":"Analyzing the Rhetoric of Supreme Court Confirmation Hearings","authors":"Jake S. Truscott","doi":"10.1017/jlc.2023.2","DOIUrl":"https://doi.org/10.1017/jlc.2023.2","url":null,"abstract":"\u0000 Supreme Court confirmation hearings place the often-reclusive institution in the public spotlight and afford members of the Senate Judiciary Committee the ability to pursue important personal and party goals. I construct and evaluate a measure of rhetorical sentiment that considers the positive and negative behaviors of committee members during Supreme Court confirmation hearings between 1971 and 2020. While some observers have pointed to the evolving dynamics of confirmation hearings as being the result of key inflection points, I find that these events alone do not explain rhetorical behaviors. Instead, my results suggest that rhetorical behaviors have been predominately mediated by structures of party control and the balance of interbranch political power since at least the 1970s. I conclude by noting how these behaviors can further deteriorate the public’s perceptions that the Court remains insulated from the contentious political environment.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45948469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Latinos, especially those who recently immigrated, face many obstacles in navigating the political and judicial environment in the United States. While prior scholarship suggests that racial minorities are more likely to be stopped by law enforcement for traffic violations and face harsher penalties for major crimes, little research has explored whether a defendant’s characteristics are influential in routine traffic court cases. Using an original database, this paper examines disparate treatment in speeding ticket reductions. The results indicate that Latino defendants are less likely to receive meaningful reductions to their charges. However, attorney representation greatly lessens the likelihood of disparate treatment for Latino drivers. As traffic court proceedings often represent the only interaction most people have with the judicial system, these findings have significant implications for racial equality, the administration of justice, attorney representation, and public opinion of the judiciary.
{"title":"From Roadside Stops to the Courthouse Stairs: Defendant Race and the Attorney’s Role in Routine Cases","authors":"Todd A. Collins, Matthew E. Baker","doi":"10.1017/jlc.2023.1","DOIUrl":"https://doi.org/10.1017/jlc.2023.1","url":null,"abstract":"\u0000 Latinos, especially those who recently immigrated, face many obstacles in navigating the political and judicial environment in the United States. While prior scholarship suggests that racial minorities are more likely to be stopped by law enforcement for traffic violations and face harsher penalties for major crimes, little research has explored whether a defendant’s characteristics are influential in routine traffic court cases. Using an original database, this paper examines disparate treatment in speeding ticket reductions. The results indicate that Latino defendants are less likely to receive meaningful reductions to their charges. However, attorney representation greatly lessens the likelihood of disparate treatment for Latino drivers. As traffic court proceedings often represent the only interaction most people have with the judicial system, these findings have significant implications for racial equality, the administration of justice, attorney representation, and public opinion of the judiciary.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43299269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Thomas G. Hansford, Eddie Lucero, Chanita Intawan, Ricardo Robles
We argue that perceptions of the U.S. Supreme Court can be influenced by stimuli paired with state courts. People with low levels of court knowledge will exhibit an assimilation effect in which residing in a state with an elected supreme court increases perceptions of the Court being political. People with greater knowledge will demonstrate a contrast effect, meaning that the Court will be perceived as less political compared to an elected state court. Using existing survey data and a new survey experiment, we find evidence of the assimilation effect for low-knowledge participants. Our results imply that fundamental perceptions of the Supreme Court can be shaped by stimuli that are objectively unconnected to the Court, and that many people do not effectively differentiate between different types of court.
{"title":"The Effect of State Supreme Court Selection Method on Perceptions of the U.S. Supreme Court","authors":"Thomas G. Hansford, Eddie Lucero, Chanita Intawan, Ricardo Robles","doi":"10.1017/jlc.2022.17","DOIUrl":"https://doi.org/10.1017/jlc.2022.17","url":null,"abstract":"\u0000 We argue that perceptions of the U.S. Supreme Court can be influenced by stimuli paired with state courts. People with low levels of court knowledge will exhibit an assimilation effect in which residing in a state with an elected supreme court increases perceptions of the Court being political. People with greater knowledge will demonstrate a contrast effect, meaning that the Court will be perceived as less political compared to an elected state court. Using existing survey data and a new survey experiment, we find evidence of the assimilation effect for low-knowledge participants. Our results imply that fundamental perceptions of the Supreme Court can be shaped by stimuli that are objectively unconnected to the Court, and that many people do not effectively differentiate between different types of court.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46881516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Interest groups often post about their judicial advocacy on social media. We argue that they do so for two main reasons. First, providing information about the courts on social media builds the group’s credibility as a source of information with policymakers, media and the public. Second, social media provides a way to claim credit for litigation activity and outcomes, which can increase membership and aid in fundraising. Using original datasets of millions of tweets and Facebook posts by interest groups, we provide evidence that interest groups use social media for public education and to credit claim for their litigation activity.
{"title":"Pursuing Change or Pursuing Credit? Litigation and Credit Claiming on Social Media","authors":"Anna Gunderson, Kirsten Widner, Maggie Macdonald","doi":"10.1017/jlc.2022.16","DOIUrl":"https://doi.org/10.1017/jlc.2022.16","url":null,"abstract":"Abstract Interest groups often post about their judicial advocacy on social media. We argue that they do so for two main reasons. First, providing information about the courts on social media builds the group’s credibility as a source of information with policymakers, media and the public. Second, social media provides a way to claim credit for litigation activity and outcomes, which can increase membership and aid in fundraising. Using original datasets of millions of tweets and Facebook posts by interest groups, we provide evidence that interest groups use social media for public education and to credit claim for their litigation activity.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135728258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stein Arne Brekke, Joshua C. Fjelstul, Silje Synnøve Lyder Hermansen, Daniel Naurin
This article presents the CJEU Database Platform, which provides scholars with an extensive collection of easily accessible, research-ready data on the the universe of cases, decisions, and judges at the Court of Justice of the European Union (CJEU). The CJEU Database Platform provides a foundation for the broader CJEU Database currently being developed by The IUROPA Project, a multidisciplinary group of scholars researching judicial politics in the European Union (EU). In this article, we illustrate how the CJEU Database Platform opens the door to new areas of theoretical and empirical research on judicial politics in the EU.
{"title":"The CJEU Database Platform: Decisions and Decision-Makers","authors":"Stein Arne Brekke, Joshua C. Fjelstul, Silje Synnøve Lyder Hermansen, Daniel Naurin","doi":"10.1017/jlc.2022.3","DOIUrl":"https://doi.org/10.1017/jlc.2022.3","url":null,"abstract":"\u0000 This article presents the CJEU Database Platform, which provides scholars with an extensive collection of easily accessible, research-ready data on the the universe of cases, decisions, and judges at the Court of Justice of the European Union (CJEU). The CJEU Database Platform provides a foundation for the broader CJEU Database currently being developed by The IUROPA Project, a multidisciplinary group of scholars researching judicial politics in the European Union (EU). In this article, we illustrate how the CJEU Database Platform opens the door to new areas of theoretical and empirical research on judicial politics in the EU.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48314365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study documents disparities on the basis of nationality, ethnicity, and gender in court awards regarding the loss of future earnings in road accident cases in Israel. We analyze a random selection of 236 court decisions in road accident cases that reached final decisions on their merits between 1978 and 2018 in which the nationality, ethnicity, and gender of victims were identifiable (via first and last names). We show that, although in Israel the reliance on sex- and race-based statistical data to calculate damages in tort cases is a prohibited practice, courts tend to reach lower estimates of future lost earnings for Mizrahi Jews, Arabs, and women than those of otherwise similarly situated Ashkenazi Jewish men. In the analyses, we hold injured persons’ earnings at the time of the accident and occupations constant. The effects we observe are significant in magnitude. The results of our study are particularly noteworthy given the fact that we document disparities that correspond with the already existing labor force inequalities and discrimination in hiring, salary, and promotion on the basis of nationality, ethnicity, and gender in Israel.
{"title":"Disparities on the Basis of Nationality, Ethnicity, and gender in Road Accident Compensation in Israel","authors":"Yifat Bitton, Tamar Kricheli Katz","doi":"10.1017/jlc.2022.10","DOIUrl":"https://doi.org/10.1017/jlc.2022.10","url":null,"abstract":"\u0000 This study documents disparities on the basis of nationality, ethnicity, and gender in court awards regarding the loss of future earnings in road accident cases in Israel. We analyze a random selection of 236 court decisions in road accident cases that reached final decisions on their merits between 1978 and 2018 in which the nationality, ethnicity, and gender of victims were identifiable (via first and last names). We show that, although in Israel the reliance on sex- and race-based statistical data to calculate damages in tort cases is a prohibited practice, courts tend to reach lower estimates of future lost earnings for Mizrahi Jews, Arabs, and women than those of otherwise similarly situated Ashkenazi Jewish men. In the analyses, we hold injured persons’ earnings at the time of the accident and occupations constant. The effects we observe are significant in magnitude. The results of our study are particularly noteworthy given the fact that we document disparities that correspond with the already existing labor force inequalities and discrimination in hiring, salary, and promotion on the basis of nationality, ethnicity, and gender in Israel.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43278375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law clerks hold immense responsibilities and exert influence over the judges they work with. However, women remain underrepresented in these positions. We argue that one reason for this underrepresentation is that – like potential political candidates – female law students may have lower levels of ambition compared to men. Using a survey of student editors at thirty-three top law reviews, we find that there is a gender gap in ambition for clerkships with the Supreme Court and Federal Courts of Appeal. Examining potential sources of this difference, we find that while women view themselves to be just as qualified for these positions as men, men are more willing to apply with lower feelings of qualification. Likewise, while women and men report similar levels of encouragement, more encouragement is required before women express ambition to hold these posts. The findings presented here have implications for research on judicial politics, political ambition, and women’s representation.
{"title":"Gender and Ambition Among Potential Law Clerks","authors":"A. Badas, Katelyn E. Stauffer","doi":"10.1017/jlc.2022.8","DOIUrl":"https://doi.org/10.1017/jlc.2022.8","url":null,"abstract":"\u0000 Law clerks hold immense responsibilities and exert influence over the judges they work with. However, women remain underrepresented in these positions. We argue that one reason for this underrepresentation is that – like potential political candidates – female law students may have lower levels of ambition compared to men. Using a survey of student editors at thirty-three top law reviews, we find that there is a gender gap in ambition for clerkships with the Supreme Court and Federal Courts of Appeal. Examining potential sources of this difference, we find that while women view themselves to be just as qualified for these positions as men, men are more willing to apply with lower feelings of qualification. Likewise, while women and men report similar levels of encouragement, more encouragement is required before women express ambition to hold these posts. The findings presented here have implications for research on judicial politics, political ambition, and women’s representation.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42051153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Justice Ruth Bader Ginsburg’s death near the end of the Trump presidency set off a fight in which Republicans moved to rapidly replace her over Democrats’ objections. I use a survey that was in the field at the time to assess whether this period affected the Court’s legitimacy. I find that Democrats who responded in the days just after Justice Ginsburg’s death saw the Court as less legitimate than those who responded shortly before it. These findings connect to broader questions about the sources of Court legitimacy, the mechanisms through which it changes, and the impact of contestation over appointments.
{"title":"Is the Supreme Court’s Legitimacy Vulnerable to Intense Appointment Politics? Democrats’ Changed Views Around Justice Ginsburg’s Death","authors":"D. Glick","doi":"10.1017/jlc.2022.6","DOIUrl":"https://doi.org/10.1017/jlc.2022.6","url":null,"abstract":"\u0000 Justice Ruth Bader Ginsburg’s death near the end of the Trump presidency set off a fight in which Republicans moved to rapidly replace her over Democrats’ objections. I use a survey that was in the field at the time to assess whether this period affected the Court’s legitimacy. I find that Democrats who responded in the days just after Justice Ginsburg’s death saw the Court as less legitimate than those who responded shortly before it. These findings connect to broader questions about the sources of Court legitimacy, the mechanisms through which it changes, and the impact of contestation over appointments.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43302178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Richard L. Vining, Charles S. Bullock, Ethan D. Boldt
We evaluate the politics of interim judicial appointments at the state level. Although nominating commissions have been established to promote merit-based selection, we argue that governor-applicant ideological concordance and financial support for a governor’s campaigns increase one’s odds of being appointed. We focus on the impact of political factors, as well as the qualifications of prospective judges. We analyze over 4,000 applications to fill interim judicial vacancies in Georgia from 1991 to 2014. Our findings indicate that ideological proximity and campaign donations to the governor increased the likelihood of appointment to the bench with their influence overpowering some indicators of competence.
{"title":"The Politics of Interim Judicial Appointments","authors":"Richard L. Vining, Charles S. Bullock, Ethan D. Boldt","doi":"10.1017/jlc.2022.15","DOIUrl":"https://doi.org/10.1017/jlc.2022.15","url":null,"abstract":"\u0000 We evaluate the politics of interim judicial appointments at the state level. Although nominating commissions have been established to promote merit-based selection, we argue that governor-applicant ideological concordance and financial support for a governor’s campaigns increase one’s odds of being appointed. We focus on the impact of political factors, as well as the qualifications of prospective judges. We analyze over 4,000 applications to fill interim judicial vacancies in Georgia from 1991 to 2014. Our findings indicate that ideological proximity and campaign donations to the governor increased the likelihood of appointment to the bench with their influence overpowering some indicators of competence.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46928344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：