Topic
Judicial opinion
About: Judicial opinion is a research topic. Over the lifetime, 5300 publications have been published within this topic receiving 64803 citations.
Papers published on a yearly basis
Papers
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TL;DR: This article derived a systematic accounting of the justice with the highest (posterior) probability of having served as the median for each Term since 1937, based on methods developed by Martin and Quinn.
Abstract: Black's \"Median Voter Theorem\" now figures prominently and crucially in a wide array of research on the United States Supreme Court, from studies on the nomination and confirmation of Justices, to investigations into the Court's resolution of disputes, to analyses of its impact on the hierarchy of justice. Nonetheless, and regardless of the substantive focus of the investigation, the question of how to locate the median Justice looms large. Because all extant answers have their share of problems, we set out to develop a more compelling approach-one that relies on methods developed by Martin and Quinn. Via this approach we derive a systematic accounting of the Justice with the highest (posterior) probability of having served as the median for each Term since 1937.
89 citations
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TL;DR: In this article, a dataset of state supreme court decisions on abortion cases between 1980 and 2006 is used to test the hypothesis that on salient issues, partisan labels increase the accountability of elected officials.
Abstract: Various literatures indicate that partisan labels increase the accountability of elected officials. Correspondingly, advocates of nonpartisan elections claim that this procedure helps liberate officials from political influence. These arguments have been prominent in recent debates regarding the selection of judges in U.S. state courts. We suggest, conversely, that on salient issues nonpartisan elections encourage popular judicial decisions, particularly given recent developments in judicial campaigns. To test this hypothesis, we assemble a dataset that revolves around state supreme courts’ decisions on abortion cases between 1980 and 2006. The analysis—which controls for a variety of factors and uses gubernatorial decisions as a comparative tool—provides strong support for the hypothesis.
89 citations
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89 citations
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TL;DR: In this article, the authors examine selected problems in the control of prostitution in the United States and critically assesses three major alternatives to the prevailing policy of criminalization, using the criteria of public preferences, efficient use of criminal justice resources, and harm reduction.
Abstract: In the past two decades there has been little critical examination of the prevailing methods of controlling prostitution in the United States. This article examines selected problems in the control of prostitution in the United States and critically assesses three major alternatives to the prevailing policy of criminalization. Alternative approaches are evaluated using the criteria of public preferences, efficient use of criminal justice resources, and harm reduction. One policy, involving a dualistic approach, is found to be superior in satisfying these criteria.
87 citations
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01 Jan 2009TL;DR: In this article, a review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.
Abstract: This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators' legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.
87 citations