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CompLaw: A Coding Protocol and Database for the Comparative Study of Judicial Review CompLaw：司法审查比较研究的编码协议和数据库
IF 1.4
Journal of Law and Courts Pub Date : 2024-05-24 DOI: 10.1017/jlc.2024.4
Matthew Gabel, Clifford J. Carrubba, Gretchen Helmke, Andrew D. Martin, Jeffrey K. Staton, Dalston Ward, Jeffrey Ziegler
{"title":"CompLaw: A Coding Protocol and Database for the Comparative Study of Judicial Review","authors":"Matthew Gabel, Clifford J. Carrubba, Gretchen Helmke, Andrew D. Martin, Jeffrey K. Staton, Dalston Ward, Jeffrey Ziegler","doi":"10.1017/jlc.2024.4","DOIUrl":"https://doi.org/10.1017/jlc.2024.4","url":null,"abstract":"\u0000 A growing theoretical literature identifies how the process of constitutional review shapes judicial decision-making, legislative behavior, and even the constitutionality of legislation and executive actions. However, the empirical interrogation of these theoretical arguments is limited by the absence of a common protocol for coding constitutional review decisions across courts and time. We introduce such a coding protocol and database (CompLaw) of rulings by 42 constitutional courts. To illustrate the value of CompLaw, we examine a heretofore untested empirical implication about how review timing relates to rulings of unconstitutionality (Ward and Gabel 2019). First, we conduct a nuanced analysis of rulings by the French Constitutional Council over a 13-year period. We then examine the relationship between review timing and strike rates with a set of national constitutional courts in one year. Our data analysis highlights the benefits and flexibility of the CompLaw coding protocol for scholars of judicial review.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141100851","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}
引用次数: 0
Lacking Legislative Experience: The Impact of Changing Justice Backgrounds on Judicial Review 缺乏立法经验：不断变化的司法背景对司法审查的影响
IF 1.4
Journal of Law and Courts Pub Date : 2024-05-10 DOI: 10.1017/jlc.2024.3
Rob Robinson
{"title":"Lacking Legislative Experience: The Impact of Changing Justice Backgrounds on Judicial Review","authors":"Rob Robinson","doi":"10.1017/jlc.2024.3","DOIUrl":"https://doi.org/10.1017/jlc.2024.3","url":null,"abstract":"\u0000 Though once commonplace, presidents no longer nominate individuals with legislative experience to the U.S. Supreme Court. What difference does this shift make? Drawing on theories that connect judicial background characteristics to decision-making, I test whether legislative background impacts federal judicial review. Using nonparametric matching and almost 150 years of judicial review decisions, I find that, while such experience decreases the likelihood of striking down a law, the effect is small. By contrast, partisanship has a much stronger impact, with justices more likely to strike down laws when the enacting Congressional majority is a different party from their appointing president.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140993685","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}
引用次数: 0
African Americans’ Willingness to Extend Legitimacy to the Police: Connections to Identities and Experiences in the Post-George Floyd Era 非裔美国人对警察合法性的意愿：后乔治-弗洛伊德时代与身份和经历的联系
IF 1.4
Journal of Law and Courts Pub Date : 2024-04-08 DOI: 10.1017/jlc.2023.20
James L. Gibson
{"title":"African Americans’ Willingness to Extend Legitimacy to the Police: Connections to Identities and Experiences in the Post-George Floyd Era","authors":"James L. Gibson","doi":"10.1017/jlc.2023.20","DOIUrl":"https://doi.org/10.1017/jlc.2023.20","url":null,"abstract":"\u0000 Numerous benefits materialize when people extend legitimacy to institutions; consequently, many investigations of the legitimacy of the police have been reported. However, several critical issues remain unanswered. My paper’s purpose is to revisit the question of willingness to grant police legitimacy, focusing on a nationally representative sample of African Americans. I test hypotheses connecting police legitimacy with experiences with unfair treatment by legal authorities, ingroup attachments, attitudes toward systemic racism, and engagement with Black Lives Matter. My findings reveal significant connections between experience with discrimination, ingroup attachments, and beliefs about systemic racism but little relationship between BLM attitudes and police legitimacy.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140727914","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}
引用次数: 1
Are Judges on Per Curiam Courts Ideological? Evidence from the European Court of Justice 法官是否具有意识形态倾向？来自欧洲法院的证据
IF 1.4
Journal of Law and Courts Pub Date : 2024-03-28 DOI: 10.1017/jlc.2023.17
Sivaram Cheruvu
{"title":"Are Judges on Per Curiam Courts Ideological? Evidence from the European Court of Justice","authors":"Sivaram Cheruvu","doi":"10.1017/jlc.2023.17","DOIUrl":"https://doi.org/10.1017/jlc.2023.17","url":null,"abstract":"\u0000 Institutional designers of judiciaries often want to provide the appearance of impartiality. As a result, many collegial courts issue per curiam rulings in which judges’ votes are not public. An extensive scholarship, however, provides evidence that ideology and mechanisms of retention affect judicial decision-making. Do per curiam rulings actively mitigate or provide cover for ideological and career-oriented judicial decision-making? I argue that – when serving as the rapporteur (opinion-writer) – a judge on a civil law per curiam court can steer their panel towards the outcome their appointer prefers. When their appointing government turns over, nonetheless, a judge is not compelled to change their decision-making to be in line with their new government, as per curiam rulings protect them from retaliation. An analysis of decisions at the Court of Justice of the European Union provides evidence for this account.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140370732","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}
引用次数: 0
Diffuse Support, Partisanship, and the Electoral Relevance of the Supreme Court 分散支持、党派纷争与最高法院的选举相关性
IF 1.4
Journal of Law and Courts Pub Date : 2024-03-14 DOI: 10.1017/jlc.2024.1
Nicholas T. Davis, Matthew P. Hitt
{"title":"Diffuse Support, Partisanship, and the Electoral Relevance of the Supreme Court","authors":"Nicholas T. Davis, Matthew P. Hitt","doi":"10.1017/jlc.2024.1","DOIUrl":"https://doi.org/10.1017/jlc.2024.1","url":null,"abstract":"\u0000 Despite the Supreme Court’s lack of direct electoral accountability, voters may factor its outputs into their voting decisions because elected representatives can affect the Court’s powers and composition. In this paper, we uncover an ironic predicament that faces candidates running on reforming this institution. Citizens who possess higher levels of diffuse support for the Court are more likely to rank it as an important factor in their voting logic. But because this diffuse support has sorted along partisan lines, candidate messaging about reform may not motivate partisans who have lost support for the Court because they view it as less important than other pressing issues. Thus, although Democrats are sympathetic to reform, Democratic candidates may have weak incentives to promote reform given low levels of diffuse support among their constituents. This dynamic mitigates against the possibility of a public or congressional backlash against the Court, preserving the status quo.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242382","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}
引用次数: 0
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument 制度设计与口头辩论中司法中断的可预测性
IF 1.4
Journal of Law and Courts Pub Date : 2024-02-05 DOI: 10.1017/jlc.2023.23
Tonja Jacobi, Patrick Leslie, Zoe Robinson
{"title":"Institutional Design and the Predictability of Judicial Interruptions at Oral Argument","authors":"Tonja Jacobi, Patrick Leslie, Zoe Robinson","doi":"10.1017/jlc.2023.23","DOIUrl":"https://doi.org/10.1017/jlc.2023.23","url":null,"abstract":"\u0000 Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and apply.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139803666","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}
引用次数: 0
A Matter of Opinion? How Unexpected Opinion Authors Influence Support for Supreme Court Decisions 观点问题？意外的意见作者如何影响对最高法院判决的支持
IF 1.4
Journal of Law and Courts Pub Date : 2024-02-05 DOI: 10.1017/jlc.2023.15
Jonathan M. King, Jessica A. Schoenherr
{"title":"A Matter of Opinion? How Unexpected Opinion Authors Influence Support for Supreme Court Decisions","authors":"Jonathan M. King, Jessica A. Schoenherr","doi":"10.1017/jlc.2023.15","DOIUrl":"https://doi.org/10.1017/jlc.2023.15","url":null,"abstract":"\u0000 Examples abound of Supreme Court justices writing opinions because their ideological preferences or identity characteristics run counter to case outcomes, like when devoted Methodist and Nixon appointee Harry Blackmun wrote the opinion codifying abortion rights in Roe v. Wade (1973). These stories suggest that in some controversial cases, the justices ask such incongruent justices to explain decisions because they believe those justices can underscore an opinion’s legal soundness and increase support for it. Does it work? We asked participants in two survey experiments to read about a pro-abortion or pro-death penalty ruling written by justices of differing ideologies and genders, and then we asked them to respond to the ruling. Their responses indicate that deploying identity-incongruent justices can influence responses, but not the way the justices expect. We find that incongruent opinion writers can reduce partisan differences in support for a Court decision but do not broadly increase public.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139803087","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}
引用次数: 0
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument 制度设计与口头辩论中司法中断的可预测性
IF 1.4
Journal of Law and Courts Pub Date : 2024-02-05 DOI: 10.1017/jlc.2023.23
Tonja Jacobi, Patrick Leslie, Zoe Robinson
{"title":"Institutional Design and the Predictability of Judicial Interruptions at Oral Argument","authors":"Tonja Jacobi, Patrick Leslie, Zoe Robinson","doi":"10.1017/jlc.2023.23","DOIUrl":"https://doi.org/10.1017/jlc.2023.23","url":null,"abstract":"\u0000 Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and apply.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139863723","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}
引用次数: 0
A Matter of Opinion? How Unexpected Opinion Authors Influence Support for Supreme Court Decisions 观点问题？意外的意见作者如何影响对最高法院判决的支持
IF 1.4
Journal of Law and Courts Pub Date : 2024-02-05 DOI: 10.1017/jlc.2023.15
Jonathan M. King, Jessica A. Schoenherr
{"title":"A Matter of Opinion? How Unexpected Opinion Authors Influence Support for Supreme Court Decisions","authors":"Jonathan M. King, Jessica A. Schoenherr","doi":"10.1017/jlc.2023.15","DOIUrl":"https://doi.org/10.1017/jlc.2023.15","url":null,"abstract":"\u0000 Examples abound of Supreme Court justices writing opinions because their ideological preferences or identity characteristics run counter to case outcomes, like when devoted Methodist and Nixon appointee Harry Blackmun wrote the opinion codifying abortion rights in Roe v. Wade (1973). These stories suggest that in some controversial cases, the justices ask such incongruent justices to explain decisions because they believe those justices can underscore an opinion’s legal soundness and increase support for it. Does it work? We asked participants in two survey experiments to read about a pro-abortion or pro-death penalty ruling written by justices of differing ideologies and genders, and then we asked them to respond to the ruling. Their responses indicate that deploying identity-incongruent justices can influence responses, but not the way the justices expect. We find that incongruent opinion writers can reduce partisan differences in support for a Court decision but do not broadly increase public.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139863003","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}
引用次数: 0
The Effects of Decision Fatigue on Judicial Behavior: A Study of Arkansas Traffic Court Outcomes 决策疲劳对司法行为的影响：阿肯色州交通法庭结果研究
IF 1.4
Journal of Law and Courts Pub Date : 2024-01-31 DOI: 10.1017/jlc.2023.21
Rahul Hemrajani, Tony Hobert
{"title":"The Effects of Decision Fatigue on Judicial Behavior: A Study of Arkansas Traffic Court Outcomes","authors":"Rahul Hemrajani, Tony Hobert","doi":"10.1017/jlc.2023.21","DOIUrl":"https://doi.org/10.1017/jlc.2023.21","url":null,"abstract":"\u0000 Judges who hear multiple cases a day may become exhausted by the time later cases are heard, increasing susceptibility to cognitive depletion, yet the role of workload fatigue in decision-making from hearing cases has rarely been tested in the U.S. One problem is the lack of public data—most U.S. courts do not maintain time-stamped records of case hearings. Using an original dataset of all traffic cases heard in Pulaski County, Arkansas in 2019 and 2020, we examine whether decision fatigue affects case outcomes. We find that charges are less likely to be dismissed in arraignment hearings at the end of a court session than in those at the beginning. This pattern, however, does not hold for trial hearings, suggesting that the effects of fatigue may be context-specific. We suggest policy recommendations to mitigate the effects of decision fatigue in lower courts—courts having the most contact with citizens.","PeriodicalId":44478,"journal":{"name":"Journal of Law and Courts","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140475157","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}
引用次数: 0
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