{"title":"意识形态和资源优势对美国最高法院上诉的影响","authors":"Andrew H. Smith","doi":"10.1080/0098261X.2020.1758978","DOIUrl":null,"url":null,"abstract":"Abstract Scholars examining the relationship between the federal appellate courts and the U.S. Supreme Court have heretofore explored a myriad of explanations for how the Supreme Court determines which cases it will accept for review, including the ideological relationships between the justices and the circuit judges (and courts) and the resource statuses of the petitioning and responding parties. What scholars have overlooked is why some litigants appeal to the Supreme Court at all, given the low rate of review by the Court and the high costs (financial and otherwise) of an appeal. Scholars have also overlooked how changes in these relationships over time, and across circuits, affect the rates of appeals in the aggregate. I hypothesize that greater ideological disagreements between the circuits and the high court increase the rates of appeals over time, and I hypothesize that increases in the resource divide between the “haves” and “have nots” will depress appeals over time.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":"17 1","pages":"117 - 98"},"PeriodicalIF":0.7000,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Effect of Ideology and Resource Advantages on Appeals to the U.S. Supreme Court\",\"authors\":\"Andrew H. Smith\",\"doi\":\"10.1080/0098261X.2020.1758978\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Scholars examining the relationship between the federal appellate courts and the U.S. Supreme Court have heretofore explored a myriad of explanations for how the Supreme Court determines which cases it will accept for review, including the ideological relationships between the justices and the circuit judges (and courts) and the resource statuses of the petitioning and responding parties. What scholars have overlooked is why some litigants appeal to the Supreme Court at all, given the low rate of review by the Court and the high costs (financial and otherwise) of an appeal. Scholars have also overlooked how changes in these relationships over time, and across circuits, affect the rates of appeals in the aggregate. I hypothesize that greater ideological disagreements between the circuits and the high court increase the rates of appeals over time, and I hypothesize that increases in the resource divide between the “haves” and “have nots” will depress appeals over time.\",\"PeriodicalId\":45509,\"journal\":{\"name\":\"Justice System Journal\",\"volume\":\"17 1\",\"pages\":\"117 - 98\"},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2020-04-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Justice System Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/0098261X.2020.1758978\",\"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.2020.1758978","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 Effect of Ideology and Resource Advantages on Appeals to the U.S. Supreme Court
Abstract Scholars examining the relationship between the federal appellate courts and the U.S. Supreme Court have heretofore explored a myriad of explanations for how the Supreme Court determines which cases it will accept for review, including the ideological relationships between the justices and the circuit judges (and courts) and the resource statuses of the petitioning and responding parties. What scholars have overlooked is why some litigants appeal to the Supreme Court at all, given the low rate of review by the Court and the high costs (financial and otherwise) of an appeal. Scholars have also overlooked how changes in these relationships over time, and across circuits, affect the rates of appeals in the aggregate. I hypothesize that greater ideological disagreements between the circuits and the high court increase the rates of appeals over time, and I hypothesize that increases in the resource divide between the “haves” and “have nots” will depress appeals over time.
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.