{"title":"保留制度对司法行为的影响:对州最高法院的综合控制分析","authors":"Kristen M. Renberg","doi":"10.1080/0098261X.2020.1843093","DOIUrl":null,"url":null,"abstract":"Abstract Judicial selection methods have been reformed in many states over the 20th century. I will show how changing electoral institutions have influenced judicial behavior. To do this, I employ an original dataset and a causal inference methodology to estimate the impact of reforming a state’s selection system from partisan to nonpartisan elections on opinion writing behavior. I predict that justices, initially elected through partisan elections, will write more dissenting opinions once they face nonpartisan retention elections. The results suggest that electoral reform leads to justices authoring more dissenting opinions than they otherwise would have. Most who favor electoral reform posit that the removal of partisan labels increases the legitimacy of state supreme courts. However, if the demise of consensual norms on courts threatens their legitimacy, then electoral reform appears to have a counter-intuitive outcome. This article contributes to our understanding of how elections impact judicial behavior.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2020-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"The Impact of Retention Systems on Judicial Behavior: a Synthetic Controls Analysis of State Supreme Courts\",\"authors\":\"Kristen M. Renberg\",\"doi\":\"10.1080/0098261X.2020.1843093\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Judicial selection methods have been reformed in many states over the 20th century. I will show how changing electoral institutions have influenced judicial behavior. To do this, I employ an original dataset and a causal inference methodology to estimate the impact of reforming a state’s selection system from partisan to nonpartisan elections on opinion writing behavior. I predict that justices, initially elected through partisan elections, will write more dissenting opinions once they face nonpartisan retention elections. The results suggest that electoral reform leads to justices authoring more dissenting opinions than they otherwise would have. Most who favor electoral reform posit that the removal of partisan labels increases the legitimacy of state supreme courts. However, if the demise of consensual norms on courts threatens their legitimacy, then electoral reform appears to have a counter-intuitive outcome. This article contributes to our understanding of how elections impact judicial behavior.\",\"PeriodicalId\":45509,\"journal\":{\"name\":\"Justice System Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2020-11-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Justice System Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/0098261X.2020.1843093\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Justice System Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/0098261X.2020.1843093","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
The Impact of Retention Systems on Judicial Behavior: a Synthetic Controls Analysis of State Supreme Courts
Abstract Judicial selection methods have been reformed in many states over the 20th century. I will show how changing electoral institutions have influenced judicial behavior. To do this, I employ an original dataset and a causal inference methodology to estimate the impact of reforming a state’s selection system from partisan to nonpartisan elections on opinion writing behavior. I predict that justices, initially elected through partisan elections, will write more dissenting opinions once they face nonpartisan retention elections. The results suggest that electoral reform leads to justices authoring more dissenting opinions than they otherwise would have. Most who favor electoral reform posit that the removal of partisan labels increases the legitimacy of state supreme courts. However, if the demise of consensual norms on courts threatens their legitimacy, then electoral reform appears to have a counter-intuitive outcome. This article contributes to our understanding of how elections impact judicial behavior.
期刊介绍:
The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.