Political scientists interested in the structure of legal doctrine are especially attuned to the impact of the judicial hierarchy. They generally frame the issue as whether a higher court will issue a rigid “rule” to prevent shirking or a vague “standard” to give more discretion to lower courts. This “rules versus standards” debate rests on two presumptions: jurists write doctrine, and doctrine varies in flexibility. Using the US Supreme Court, I offer an initial empirical evaluation of these presumptions. The findings reveal that the justices almost always adopt doctrine suggested to them and that these doctrines differ little in flexibility.
{"title":"The Structure of Legal Doctrine in a Judicial Hierarchy","authors":"Claire B. Wofford","doi":"10.1086/703699","DOIUrl":"https://doi.org/10.1086/703699","url":null,"abstract":"Political scientists interested in the structure of legal doctrine are especially attuned to the impact of the judicial hierarchy. They generally frame the issue as whether a higher court will issue a rigid “rule” to prevent shirking or a vague “standard” to give more discretion to lower courts. This “rules versus standards” debate rests on two presumptions: jurists write doctrine, and doctrine varies in flexibility. Using the US Supreme Court, I offer an initial empirical evaluation of these presumptions. The findings reveal that the justices almost always adopt doctrine suggested to them and that these doctrines differ little in flexibility.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"263 - 280"},"PeriodicalIF":1.4,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/703699","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48211664","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}
Judicial politics scholars routinely posit that the behavior of Supreme Court justices is motivated in important part by concerns of institutional maintenance, that is, by a desire to maintain the Court’s unusually large store of institutional legitimacy. Previous work on this topic, however, has focused almost exclusively on the influence of such motivation on judicial decision making. We contend that if institutional maintenance is an important goal, it should be observable in other contexts as well. We examine televised mass-media interviews with Supreme Court justices from 1998 to 2016 and find that legitimacy reinforcement is the predominant goal reflected in justices’ rhetoric in those interviews.
{"title":"The Maintenance of Institutional Legitimacy in Supreme Court Justices’ Public Rhetoric","authors":"Colin Glennon, Logan Strother","doi":"10.1086/703065","DOIUrl":"https://doi.org/10.1086/703065","url":null,"abstract":"Judicial politics scholars routinely posit that the behavior of Supreme Court justices is motivated in important part by concerns of institutional maintenance, that is, by a desire to maintain the Court’s unusually large store of institutional legitimacy. Previous work on this topic, however, has focused almost exclusively on the influence of such motivation on judicial decision making. We contend that if institutional maintenance is an important goal, it should be observable in other contexts as well. We examine televised mass-media interviews with Supreme Court justices from 1998 to 2016 and find that legitimacy reinforcement is the predominant goal reflected in justices’ rhetoric in those interviews.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"241 - 261"},"PeriodicalIF":1.4,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/703065","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46090298","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}
Some studies examining the effect of court decisions on public opinion examine their legitimacy-conferring role or ability to cause the public to accept specific policies. Others examine when courts act as a “republican schoolmaster” and change substantive policy attitudes. Using two studies, this article shows that these two effects are driven by different processes and caused by a different form of support. Legitimacy perceptions or diffuse support drives the process that causes people to accept specific policies. The process that changes a person’s substantive policy stance is driven by a person’s evaluation of the court’s previous policy decisions or specific support.
{"title":"The Causes of the Legitimacy-Conferring and Republican Schoolmaster Capabilities of Courts","authors":"Benjamin Woodson","doi":"10.1086/702741","DOIUrl":"https://doi.org/10.1086/702741","url":null,"abstract":"Some studies examining the effect of court decisions on public opinion examine their legitimacy-conferring role or ability to cause the public to accept specific policies. Others examine when courts act as a “republican schoolmaster” and change substantive policy attitudes. Using two studies, this article shows that these two effects are driven by different processes and caused by a different form of support. Legitimacy perceptions or diffuse support drives the process that causes people to accept specific policies. The process that changes a person’s substantive policy stance is driven by a person’s evaluation of the court’s previous policy decisions or specific support.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"281 - 303"},"PeriodicalIF":1.4,"publicationDate":"2019-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/702741","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41858627","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}
Sectors of the criminal justice system have bureaucratized to such an extent that their management has supplanted the values for which they were created. Weber predicted this phenomenon, arguing that substantive rationality would be replaced by formal rationality as organizations grew. We test the relationship between size and these two types of rationality with the use of judicial performance checks in arraignments created from conversations with administrative courthouse staff and pilot observations at courthouses. We measure judicial performance through arraignment checklists (n = 481). Findings from multilevel models suggest that there is a positive relationship between size and formal rationality and a negative relationship between size and substantive rationality, even when controlling for workload by research design. Results suggest that abundance of formal rationality or substantive rationality facilitates injustice. These results begin a discourse encouraging quantitatively measuring formal and substantive rationality and that size be considered regarding judicial administrative policy.
{"title":"Courthouse Size and Its Impact on Judicial Performance","authors":"Sven Smith, Robert Askew, E. Lang, Justin Smith","doi":"10.1086/702742","DOIUrl":"https://doi.org/10.1086/702742","url":null,"abstract":"Sectors of the criminal justice system have bureaucratized to such an extent that their management has supplanted the values for which they were created. Weber predicted this phenomenon, arguing that substantive rationality would be replaced by formal rationality as organizations grew. We test the relationship between size and these two types of rationality with the use of judicial performance checks in arraignments created from conversations with administrative courthouse staff and pilot observations at courthouses. We measure judicial performance through arraignment checklists (n = 481). Findings from multilevel models suggest that there is a positive relationship between size and formal rationality and a negative relationship between size and substantive rationality, even when controlling for workload by research design. Results suggest that abundance of formal rationality or substantive rationality facilitates injustice. These results begin a discourse encouraging quantitatively measuring formal and substantive rationality and that size be considered regarding judicial administrative policy.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"215 - 240"},"PeriodicalIF":1.4,"publicationDate":"2019-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/702742","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45147188","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}
At least four observationally equivalent theories argue that federal judges follow public opinion when they decide cases. Yet there is mixed empirical support for these theories. Using recently released data on public opinion, we discover that state public opinion exerts a meaningful impact on the votes of federal circuit court judges. Perhaps more important, we leverage a number of different empirical approaches to identify which theory the data support. The data suggest that circuit court judges may change along with society but also that they follow public opinion because they care about their reputations in their home states.
{"title":"The Influence of Home-State Reputation and Public Opinion on Federal Circuit Court Judges","authors":"Ryan J. Owens, Patrick C. Wohlfarth","doi":"10.1086/703066","DOIUrl":"https://doi.org/10.1086/703066","url":null,"abstract":"At least four observationally equivalent theories argue that federal judges follow public opinion when they decide cases. Yet there is mixed empirical support for these theories. Using recently released data on public opinion, we discover that state public opinion exerts a meaningful impact on the votes of federal circuit court judges. Perhaps more important, we leverage a number of different empirical approaches to identify which theory the data support. The data suggest that circuit court judges may change along with society but also that they follow public opinion because they care about their reputations in their home states.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"187 - 214"},"PeriodicalIF":1.4,"publicationDate":"2019-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/703066","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46787947","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}
Scholars have long recognized the importance of timing in political decision making. In this article, I consider the potential for the strategic timing of court decisions involving the constitutional review of statutes. As courts lack the ability to directly implement their decisions, scholars have identified an attentive public as invaluable for judicial authority. Building on this literature, I argue that the proximity of a national election increases awareness and thereby creates an environment conducive to the assertive exercise of constitutional review. I then present evidence of the electoral cycle’s effect on decision making at the German Federal Constitutional Court.
{"title":"Elections, Public Awareness, and the Efficacy of Constitutional Review","authors":"Jay N. Krehbiel","doi":"10.1086/699241","DOIUrl":"https://doi.org/10.1086/699241","url":null,"abstract":"Scholars have long recognized the importance of timing in political decision making. In this article, I consider the potential for the strategic timing of court decisions involving the constitutional review of statutes. As courts lack the ability to directly implement their decisions, scholars have identified an attentive public as invaluable for judicial authority. Building on this literature, I argue that the proximity of a national election increases awareness and thereby creates an environment conducive to the assertive exercise of constitutional review. I then present evidence of the electoral cycle’s effect on decision making at the German Federal Constitutional Court.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"53 - 79"},"PeriodicalIF":1.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/699241","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48946407","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}
The opinions of the US Supreme Court are central to volumes of research on law, courts, and politics. To understand these complex and often-lengthy documents, scholars frequently rely on dichotomous indicators of opinion content. While sometimes appropriate, for many research settings this simplification of opinion content systematically omits important information. Using all US Supreme Court opinions from 1803 to 2010 in association with structural topic models, I instead demonstrate the value of representing the Court’s attention in opinions in terms of topic proportions.
{"title":"Measuring the Issue Content of Supreme Court Opinions","authors":"Douglas Rice","doi":"10.1086/701130","DOIUrl":"https://doi.org/10.1086/701130","url":null,"abstract":"The opinions of the US Supreme Court are central to volumes of research on law, courts, and politics. To understand these complex and often-lengthy documents, scholars frequently rely on dichotomous indicators of opinion content. While sometimes appropriate, for many research settings this simplification of opinion content systematically omits important information. Using all US Supreme Court opinions from 1803 to 2010 in association with structural topic models, I instead demonstrate the value of representing the Court’s attention in opinions in terms of topic proportions.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"107 - 127"},"PeriodicalIF":1.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/701130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46162571","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}
Recent scholarship suggests that Supreme Court decision making is significantly constrained by Congress and the public, often arguing that case salience is a key factor in the operation of these constraints. However, scholars have developed different theoretical expectations regarding the effects of case salience on justices and have found empirical support for mutually contradictory theories. Furthermore, these studies rely on an endogenous measure of case salience. I replicate two leading studies using a theoretically appropriate measure of case salience in order to shed new light on this important topic, finding evidence of constraint from the public in salient cases.
{"title":"Case Salience and the Influence of External Constraints on the Supreme Court","authors":"Logan Strother","doi":"10.1086/701274","DOIUrl":"https://doi.org/10.1086/701274","url":null,"abstract":"Recent scholarship suggests that Supreme Court decision making is significantly constrained by Congress and the public, often arguing that case salience is a key factor in the operation of these constraints. However, scholars have developed different theoretical expectations regarding the effects of case salience on justices and have found empirical support for mutually contradictory theories. Furthermore, these studies rely on an endogenous measure of case salience. I replicate two leading studies using a theoretically appropriate measure of case salience in order to shed new light on this important topic, finding evidence of constraint from the public in salient cases.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"129 - 147"},"PeriodicalIF":1.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/701274","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45678229","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}
Elli Menounou, Adam D. Feldman, Thora Giallouri, J. Peterson
What explains expansions to the federal judiciary? Whereas existing research focuses on unified government as an explanation, we argue ideological proximity between institutions involved in the expansion process more accurately predicts judicial expansions. We examine whether Congress chose to add seats to each federal district or circuit court annually from 1937 to 2012 and find expansions are more likely when (1) the ideological distance between chambers of Congress is smaller and (2) the ideological distance between Congress and individual district or circuit courts is greater. These findings suggest the administration of federal courts is influenced by the political concerns in another branch of government, raising important questions about judicial independence.
{"title":"Packing the Courts: Ideological Proximity and Expansions to the Federal Judiciary from 1937 to 2012","authors":"Elli Menounou, Adam D. Feldman, Thora Giallouri, J. Peterson","doi":"10.1086/697900","DOIUrl":"https://doi.org/10.1086/697900","url":null,"abstract":"What explains expansions to the federal judiciary? Whereas existing research focuses on unified government as an explanation, we argue ideological proximity between institutions involved in the expansion process more accurately predicts judicial expansions. We examine whether Congress chose to add seats to each federal district or circuit court annually from 1937 to 2012 and find expansions are more likely when (1) the ideological distance between chambers of Congress is smaller and (2) the ideological distance between Congress and individual district or circuit courts is greater. These findings suggest the administration of federal courts is influenced by the political concerns in another branch of government, raising important questions about judicial independence.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"81 - 106"},"PeriodicalIF":1.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/697900","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43818477","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}
Analysis of Republican Party of Minnesota v. White by political scientists shows that White had no appreciable effect on the conduct or outcome of judicial elections, including a comprehensive study of White by Chris W. Bonneau, Melinda Gann Hall, and Matthew J. Streb. Yet there is reason to believe that White may have had a more narrow impact than Bonneau, Hall, and Streb originally allowed. An extension of their original analysis is conducted, with results showing that their findings are largely robust to more tailored model specifications. Exceptions include findings on ballot roll-off, but contradictory results further support the notion that White truly had no effect.
{"title":"Checking for a Narrower Impact of White","authors":"Garrett N. Vande Kamp","doi":"10.1086/701129","DOIUrl":"https://doi.org/10.1086/701129","url":null,"abstract":"Analysis of Republican Party of Minnesota v. White by political scientists shows that White had no appreciable effect on the conduct or outcome of judicial elections, including a comprehensive study of White by Chris W. Bonneau, Melinda Gann Hall, and Matthew J. Streb. Yet there is reason to believe that White may have had a more narrow impact than Bonneau, Hall, and Streb originally allowed. An extension of their original analysis is conducted, with results showing that their findings are largely robust to more tailored model specifications. Exceptions include findings on ballot roll-off, but contradictory results further support the notion that White truly had no effect.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":"7 1","pages":"149 - 157"},"PeriodicalIF":1.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/701129","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48421215","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}
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