Showing papers on "Judicial opinion published in 1971"

Another Look at the "Party Variable" in Judicial Decision-Making: An Analysis of the Michigan Supreme Court

Abstract: There have been a number of studies relating the social backgrounds of judges to their decision-making behavior,1 and in particular the behavior of the justices on the Michigan Supreme Court has been the object of several studies by social scientists. Schubert2 initially focused on the successful efforts of Governor G. Mennen Williams to "pack" the Michigan Supreme Court and its effects in terms of the court disposition of workman's compensation cases; Ulmer3 broadened the scope of concern to present evidence of a division of party affiliation in split decisions involving unemployment compensation claims and claims of criminal defendants; and accepting the party variable in Michigan as a "fact," Adamany4 sought to distinguish the state of Michigan from Wisconsin, a state on whose high court he found no evidence of a division by party affiliation in workman's compensation

Antecedents and beginnings to 1801

Abstract: 1. The path of the law - old world to new 2. The traditions of judicial control over legislation 3. The new states and the principle of constitutional authority 4. The continental congress and national judicial authority 5. The constitutional convention and the judiciary 6. The appeal to the people and the molding of opinion 7. The framers as propagandists 8. The raising I: the judicial before the states 9. The raising II: the judicial before the states 10. Unfinished business - the Bill of Rights 11. The Judiciary Act of 1789 12. The process acts 13. The circuit courts - organization, civil and appellate jurisdiction 14. The circuit courts - criminal jurisdiction 15. The Supreme Court - appellate practice 16. The Supreme Court - political and constitutional issues I 17. The Supreme Court - political and constitutional issues II Appendix: the business of the Supreme Court, 1789-1801, appellate jurisdiction Manuscript sources - abbreviations of locations Location of manuscript federal judicial records consulted Manuscripts other than federal judicial records Contemporary newspapers and periodicals cited Short titles and abbreviations Select bibliography.

Behavioral approaches to judicial decision-making: toward a theory of judicial voting behavior*

Abstract: How and why judges decide cases the way they do has held a certain fascination for lawyers, political scientists, and even judges themselves In the first four decades of the twentieth century, the so-called legal realists recognized the wide range of discretion at the disposal of judges and mounted an assault on the prevailing notions of mechanical jurisprudence1 In more recent years, primarily political scientists have been striving to more systematically analyze the genesis of judicial decisional behavior Their work has been largely characterized by the use of social science theory and methods to guide research2 Although some of this work has met with stern resistance from within both the political science3 and the legal4 professions, the field of judicial behavior appears to be firmly established This paper will review the major behavioral approaches to judicial decision-making (particularly voting behavior) and propose a model of judicial voting behavior which incorporates them (ie, the attitudinal, background, small group, fact pattern, and role approaches)