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An Empirical Analysis of Supreme Court Justices' Decision Making

Authors: Lim, Youngsik;

An Empirical Analysis of Supreme Court Justices' Decision Making

Abstract

Abstract The intrinsic problem in empirically analyzing Supreme Court justices' decision making is that cases before the Court are not necessarily independent of the justices. When a justice has taken part in deciding a precedent of a current case, her present decision should be affected by her past decision. This effect, the most common feature under the common‐law system, would impose a difficulty in doing empirical research about judicial decision making. Thus, without controlling for this path‐dependent effect, any test cannot help but be incomplete. Focusing on the votes of justices categorized by ideological direction, in this paper I develop a model that explicitly considers individual justices' voting in the precedents. Using about 600 relations of Supreme Court cases between a later decision and a precedent, I quantify the effects of institutional and individual stare decisis and, furthermore, decompose various factors affecting individual justice's decision making.

Country
United States
Related Organizations
Keywords

Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
7
Average
Average
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