Topic
Judicial opinion
About: Judicial opinion is a research topic. Over the lifetime, 5300 publications have been published within this topic receiving 64803 citations.
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TL;DR: Segal and Spaeth as mentioned in this paper argued that political attitudes are the single important variable in Supreme Court justices' decision making, and they provided evidence of the influence of political attitudes on the justices' voting behavior.
Abstract: In 1961 Harold Spaeth published an article in the predecessor of this journal that concluded that an examination of the votes of Supreme Court justices was, ". . . protection against the subjectivity which qualitative techniques of analysis provided. The result is the attainment of a higher degree of reliability and validity in connection with measurement-quantitative techniques than is otherwise possible" (Spaeth 1961, 180). Shortly thereafter he published articles that not only quantitatively described the justices' voting behavior but that began a quest for an explanatory model of Supreme Court decision making. In these articles he considered that the justices' votes on the merits of selected categories of cases ". . . may be motivated by considerations other than those of a legal character" (Spaeth 1963a, 290) or ". . . by a single politically defined variable . . ." (Spaeth 1963b, 100). By 1976, he and a colleague defined the motivating factor as an "attitude" or an instrumental (change-oriented) policy preference which determines a vote when the simulation provided by an encounter with an "attitude object" or a class of litigants and an "attitude situation" or factual issue raised in a case (Rohde and Spaeth 1976, 76). With the publication of The Supreme Court and the Attitudinal Model (1993), Jeffrey Segal joined Spaeth to compile an exceptionally sophisticated collection of evidence in support of the thesis that political attitudes are the single important variable in Supreme Court justices' decision making. To ascertain the effect of judicial attitudes on voting behavior, Segal and Spaeth contrasted the explanatory power of their "attitudinal model" to a "legal model" of judicial decision making. The legal model assumes that judicial votes result from the application of use of professional interpretative techniques, or modes of reasoning from legal principles as taught in law schools, to the interpretation of various sorts of legal texts. As several critics have pointed out (Canon 1993, 99; Rosenberg 1994, 7; Smith 1994, 8-9), however, they did not empirically test the legal model. Rather, they attempted to provide evidence of the influence of political attitudes on the justices' voting behavior. Even in their most detailed discussion of the legal model (Segal and Spaeth 1993, 33-64, largely repeated in Spaeth 1995, 297-305), they did not present the legal model as a set of empirically testa-
59 citations
TL;DR: This paper examined the nature of workplace bullying in a random sample of 45 litigated cases in the United States and found that 73.3% of the cases were found in favor of the employer as the defendant.
Abstract: Using policy-capturing methodology, this study examined the nature of workplace bullying in a random sample of 45 litigated cases in the United States. Among the findings were that most of the cases were in the District Court. Nearly one-fifth of the cases involved physical violence, the majority of the cases were in the public sector, and the supervisor was the perpetrator in many of the cases. The presence of a policy banning workplace bullying was present in slightly more than one-third of the cases. A striking finding was that 73.3% of the cases were found in favor of the employer as the defendant. These findings support the fact that even though there are no specific workplace bullying laws in the U.S., victims of workplace bullying can be legally protected. Implications for managerial practice and future research are suggested.
58 citations
Patent•
10 Jan 2003
TL;DR: A hierarchical arrangement of hyperlinked, structured documents collectively provide a table of contents (TOC) to the subject, which may be a statutory body of law such as the United States Code as mentioned in this paper.
Abstract: A hierarchical arrangement of hyperlinked, structured documents collectively provide a table of contents (TOC) to the subject, which may be a statutory body of law such as the United States Code (Figure 5). Sections of the Code are stored in associated with temporal information such as date of enactment, effective date and termination date. A researcher can then access the version of the Code in effect at any particular time. Other information stored in association with a part of a body of law may include historical information, commentary, annotations, descriptive information, legislative history, references, and/or links to laws, judicial decisions and other information.
58 citations
TL;DR: This article explored the impact of law in shaping the politics of social movement claims and discursive construction of same-sex marriage as public policy issue in Canadian and American politics using post-positivist policy analysis and social movement theory.
Abstract: The article draws on post-positivist policy analysis and social movement theory to explore the impact of law in shaping the politics of social movement claims and discursive construction of same-sex marriage as public policy issue in Canadian and American politics. Using the concept of framing, the article discusses the ways in which lesbian and gay rights claimants in Canada and the USA have framed the issue of same-sex marriage in two landmark North American rulings on same-sex marriage, Halpern (Ontario) and Goodridge (Massachusetts). The article finds that, despite differences in legal policy legacies between Canada and the USA, there is a common rights frame governing lesbian and gay struggles over same-sex marriage. Although working with different legal frameworks, judicial precedents, statutory law and human rights protections, courts reached remarkably similar conclusions about same-sex marriage and largely endorsed nearly all of the elements in the rights frame put forth by lesbian and gay litiga...
58 citations
Posted Content•
TL;DR: In this article, the exact procedures used by litigants and courts to evict a tenant for non-payment of rent and to collect a bounced check were measured and described by Lex Mundi member law firms in 109 countries.
Abstract: In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for non-payment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute resolution for each country. We find that such formalism is systematically greater in civil than in common law countries. Moreover, procedural formalism is associated with higher expected duration of judicial proceedings, more corruption, less consistency, less honesty, less fairness in judicial decisions, and inferior access to justice. These results suggest that legal transplantation may have led to an inefficiently high level of procedural formalism, particularly in developing countries.
58 citations