Journal of Empirical Legal Studies最新文献

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Citations to Interest Groups and Acceptance of Supreme Court Decisions 引用利益集团和接受最高法院的判决
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2022-01-19 DOI: 10.1111/jels.12304
Kayla S. Canelo
{"title":"Citations to Interest Groups and Acceptance of Supreme Court Decisions","authors":"Kayla S. Canelo","doi":"10.1111/jels.12304","DOIUrl":"10.1111/jels.12304","url":null,"abstract":"<p>Interest groups have become increasingly involved in every aspect of American politics, including at the U.S. Supreme Court, with the filing of amicus curiae briefs. In recent years, the justices have been more frequently citing interest-group-filed briefs in their opinions, suggesting these groups play some role in the decision-making process. What we do not know is whether these types of citations might carry any potential implications for public perceptions of the Court's decisions as this phenomenon becomes more prevalent and people become equipped with this information. To test this empirically, I implement a survey experiment with approximately 3000 respondents that assesses acceptance of Supreme Court opinions that cite interest-group-filed amicus curiae briefs. I find that the public is less accepting of decisions that cite ideologically overt interests in the aggregate and less accepting of decisions that cite interest groups that are ideologically incompatible with their own preferences. However, the public does not view Supreme Court decision making as political, even when the justices cite ideologically charged groups. Taken together, these findings suggest the public uses interest group source cues to evaluate Supreme Court decisions when equipped with this information and that while the public responds negatively to politics in Supreme Court decisions, the Court maintains its image as a nonpolitical entity.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 1","pages":"189-222"},"PeriodicalIF":1.7,"publicationDate":"2022-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12304","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47889199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Does the Bar Exam Protect the Public? 律师资格考试保护公众吗?
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-12-14 DOI: 10.1111/jels.12299
Kyle Rozema
{"title":"Does the Bar Exam Protect the Public?","authors":"Kyle Rozema","doi":"10.1111/jels.12299","DOIUrl":"https://doi.org/10.1111/jels.12299","url":null,"abstract":"<p>I study the effects of requiring lawyers to pass the bar exam on whether they are later publicly disciplined for misconduct. In the 1980s, by abolishing what is known as a diploma privilege, four states began to require graduates from all law schools to pass the bar exam. My research design exploits these events to estimate the effect of the bar passage requirement on the share of lawyers publicly sanctioned by state discipline bodies. I find that during the first decade of their careers lawyers licensed without a bar passage requirement are publicly sanctioned at similar rates to lawyers licensed after passing a bar exam. Small differences do begin to emerge after a decade, however, and larger though still modest differences form after two decades.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"801-848"},"PeriodicalIF":1.7,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72316301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes 救济证书的有效性:雇佣结果的对应审计
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-12-14 DOI: 10.1111/jels.12297
Peter Leasure, Robert J. Kaminski
{"title":"The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes","authors":"Peter Leasure,&nbsp;Robert J. Kaminski","doi":"10.1111/jels.12297","DOIUrl":"10.1111/jels.12297","url":null,"abstract":"<p>Although there are several collateral consequence relief mechanisms that could theoretically be used to improve employment outcomes for those with criminal history, many of these mechanisms are available only for first-time/low-level individuals or possess other requirements that limit their accessibility. Recognizing these facts, some jurisdictions have created certificates of relief, which are generally more accessible than other relief mechanisms. The goal of the current study was to test whether one state's (Ohio) certificate could improve hiring outcomes for men with criminal histories comprised of felony theft, felony drug possession, and misdemeanor drug paraphernalia convictions. This goal was achieved with the use of two field experiments. Results showed that certificate holders with criminal history received significantly fewer callbacks than those with no criminal record and fared no better than those with an identical criminal record and no certificate. Further, African-American applicants received significantly fewer callbacks than white applicants in all criminal record categories.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"849-875"},"PeriodicalIF":1.7,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42536438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Understanding the Decline in Drinking and Driving During “The Other Great Moderation” 理解“另一次大缓和”期间酒后驾车的减少
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-11-17 DOI: 10.1111/jels.12300
Darren Grant
{"title":"Understanding the Decline in Drinking and Driving During “The Other Great Moderation”","authors":"Darren Grant","doi":"10.1111/jels.12300","DOIUrl":"https://doi.org/10.1111/jels.12300","url":null,"abstract":"<p>This article seeks to explain the large decline in drinking and driving that occurred in the United States during the 1980s and 1990s. Using a simple measure of drinking and driving—the fraction of crashes involving drinking drivers—we develop a basic traffic safety model that improves estimates of drunk driving laws' effects and breaks down declines in drinking and driving into components associated with each major influence that has been identified in the literature—including unobservable “social forces.” In this decomposition, we find that the widespread enactment of seven major drunk driving laws explains only one-fifth of the reduction in drinking and driving over this period, comparable to the effects of reduced alcohol consumption and less than those of demographic shifts and changes in social attitudes. “The Other Great Moderation” is best understood as a two-decade movement of drinking and driving to a new steady state, led by social forces and cemented and extended by law.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"876-907"},"PeriodicalIF":1.7,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72361969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assessing the Influence of Amici on Supreme Court Decision Making 评估“朋友”对最高法院决策的影响
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-29 DOI: 10.1111/jels.12302
Ronald Mann, Michael Fronk
{"title":"Assessing the Influence of Amici on Supreme Court Decision Making","authors":"Ronald Mann,&nbsp;Michael Fronk","doi":"10.1111/jels.12302","DOIUrl":"10.1111/jels.12302","url":null,"abstract":"<p>The authors analyze a dataset of indicators of the influence of amicus filings on the decisions of the United States Supreme Court from October Term 2013 through October Term 2018), examining the effect of filings on the prevailing party, on citations to amicus filings, and on sources drawn from amicus filings. The dataset includes 386 cases, 4500 amicus filings, and 22,000 citations in Supreme Court decisions. In some ways, the paper updates scholarship from the turn of the century, when amicus filings were much less prevalent, but it also breaks new ground with the data about citations to amicus filings and sources drawn from amicus filings.</p><p>The principal findings are (1) the effect of amicus filings on the decision is much more even than it was at the turn of the century, when it was concentrated on bottom-side filings; and (2) the effects of filings are much more noticeable for amicus filers less directly motivated by monetary considerations (academics, think tanks, and the like) and less noticeable for those more directly motivated by monetary considerations (trade associations and businesses).</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"700-741"},"PeriodicalIF":1.7,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44602935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Canada Trademarks Dataset 加拿大商标数据集
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-29 DOI: 10.1111/jels.12303
Jeremy N. Sheff
{"title":"The Canada Trademarks Dataset","authors":"Jeremy N. Sheff","doi":"10.1111/jels.12303","DOIUrl":"https://doi.org/10.1111/jels.12303","url":null,"abstract":"<p>This article discloses and describes a new research dataset representing the Canadian Intellectual Property Office's historical archive of trademark applications. This individual-application-level dataset includes all applications since approximately 1980, and many preserved applications and registrations dating back to the beginning of Canada's trademark registry in 1865, totaling over 1.6 million application records. It includes comprehensive bibliographic and lifecycle data; trademark characteristics; goods and services claims; identification of applicants, attorneys, and other interested parties (including address data); detailed prosecution history event data; and data on application, registration, and use claims in countries other than Canada. Both the dataset and the code used to build and analyze it are presented for public use on open-access terms at https://doi.org/10.5281/zenodo.4999655. This article uses the dataset to generate novel descriptive analyses of the performance of Canada's trademark registration system and the behavior of applicants for registration, both independently and in comparison to the United States and Australia. These analyses suggest that Canada's trademark registration system is substantially underperforming other nations with respect to efficiency of examination, and that recent statutory and regulatory changes in Canadian trademark law may have the effect of masking or even exacerbating this underperformance while decreasing the reliability of the Canadian trademark registry as an authoritative guide to trademarks used in Canadian commerce.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"908-955"},"PeriodicalIF":1.7,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72332256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Dogma Within? Examining Religious Bias in Private Title VII Claims 内在的教条?审查私人第七章索赔中的宗教偏见
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-27 DOI: 10.1111/jels.12298
Matthew Dahl, Devan N. Patel, Matthew E. K. Hall
{"title":"The Dogma Within? Examining Religious Bias in Private Title VII Claims","authors":"Matthew Dahl,&nbsp;Devan N. Patel,&nbsp;Matthew E. K. Hall","doi":"10.1111/jels.12298","DOIUrl":"10.1111/jels.12298","url":null,"abstract":"<p>In recent years, American politicians have become increasingly concerned that judges who identify as Christian are making decisions based on that identity—that Christian judges harbor a certain “dogma” within them that shapes their decision making. In this article, we investigate whether this concern is warranted by examining how such judges handle claims that are brought under Title VII of the Civil Rights Act of 1964, which prohibits private discrimination in employment on the basis of religion. By focusing on decision making in cases of private discrimination—rather than public discrimination—we make progress on a theoretical conundrum that has dogged previous efforts to identify causal effects in religious accommodation cases. However, our tests produce little evidence to support the idea that Christian judges are more likely than their non-Christian colleagues to favor claimants, even in this alternative domain. Our findings therefore suggest that the current political focus on possible bias among Christian judges is empirically unfounded, at least in situations of religious accommodation.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"742-764"},"PeriodicalIF":1.7,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45182867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions 起诉还是迫害?无关事件和检控决定
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-20 DOI: 10.1111/jels.12301
Samantha Bielen, Peter Grajzl
{"title":"Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions","authors":"Samantha Bielen,&nbsp;Peter Grajzl","doi":"10.1111/jels.12301","DOIUrl":"10.1111/jels.12301","url":null,"abstract":"<p>In 2004, a Dutch-Moroccan Islamic extremist in Amsterdam brutally murdered Theo van Gogh, a Dutch filmmaker known for his critique of Islam. Using a difference-in-differences approach, we show that, in Amsterdam, the assassination resulted in more than a 19-percentage-point increase in the likelihood of prosecution for unrelated violent crimes of male suspects born in Muslim-majority countries. The effect is detectable during the first month following the murder but dissipates thereafter. We find no evidence of the murder's effect for nonviolent crimes and for violent crimes processed by other Dutch prosecution offices. Our findings are thus not consistent with a purely emotions-based explanation of the murder's effect. Instead, our results are congruent with both a signaling explanation, whereby career-motivated prosecutors chose to showcase their toughness, and a behavioral explanation entailing prosecutors' susceptibility to availability heuristic bias. On institutional grounds, we view the latter as more plausible than the former. Our article adds to an emerging literature demonstrating that extraneous events can critically shape criminal justice outcomes.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"18 4","pages":"765-800"},"PeriodicalIF":1.7,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48579053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Do Petroleum Product Pump Prices Influence Economic Growth in Nigeria? An Empirical Analysis 石油产品价格影响尼日利亚经济增长吗?实证分析
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-18 DOI: 10.18488/journal.66.2021.81.25.35
Jude Chukwunyere Iwuoha, Florence Chigozirim Awoke, Chiwuike Ubah
{"title":"Do Petroleum Product Pump Prices Influence Economic Growth in Nigeria? An Empirical Analysis","authors":"Jude Chukwunyere Iwuoha, Florence Chigozirim Awoke, Chiwuike Ubah","doi":"10.18488/journal.66.2021.81.25.35","DOIUrl":"https://doi.org/10.18488/journal.66.2021.81.25.35","url":null,"abstract":"This study examined the impact of fuel pump price adjustment and the causal relationship between fuel pump price adjustments and economic growth in Nigeria using secondary data extracted from the Central Bank of Nigeria annual report and National Bureau of Statistics publications spanning from 1980 - 2019. Descriptive statistics, unit root test, Johansen cointegration test, VECM and Granger causality test were employed to analyse the data. The result showed that a 1% increase in the prices of PMS and AGO increased economic growth by 0.014%, 0.038% and 0.018% respectively while AGO is reduced by 0.002%. Also the prices of PMS, AGO and DPK does not granger cause economic growth in Nigeria within the period under this study meaning that any macroeconomic policy that affects economic growth should be pursued independent of fuel pump prices as any policy aimed at influencing economic growth through pump price adjustments seems to be ineffective.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"17 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74659554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Interest Rate–Economic Growth Nexus Under Currency Board Operations 货币发行局运作下的利率与经济增长关系
IF 1.7 2区 社会学
Journal of Empirical Legal Studies Pub Date : 2021-10-07 DOI: 10.18488/journal.66.2021.81.13.24
Martinianus Tshimologo Tibinyane, T. Kaulihowa
{"title":"Interest Rate–Economic Growth Nexus Under Currency Board Operations","authors":"Martinianus Tshimologo Tibinyane, T. Kaulihowa","doi":"10.18488/journal.66.2021.81.13.24","DOIUrl":"https://doi.org/10.18488/journal.66.2021.81.13.24","url":null,"abstract":"This paper analyses the effect of the prime interest rate as a monetary policy instrument to stimulate economic growth in Namibia, a small open economy that is constrained by currency board operations. A Vector Autoregressive Model (VAR) was used for the period 1980–2019. The result shows that Namibia’s prime interest rate has no significant effect on economic growth. This finding remains robust and consistent when impulse response function and variance decomposition are employed. The impulse response function indicates a shock on the prime interest rate exhibits an inverse relationship. However, this effect is insignificant in both short and long-run scenarios. The variance decomposition indicates that the prime interest rate has a strongly exogenous impact, implying it has a weak influence on GDP growth. Policy implication indicates that small open economies under currency board operations need to identify different policy responses to circumvent external shocks and addresses their development needs.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87017799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","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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