Supreme court

About: Supreme court is a research topic. Over the lifetime, 41858 publications have been published within this topic receiving 306787 citations. The topic is also known as: court of last resort & highest court of appeal.

Law and Firms' Access to Finance

Abstract: Why does a country's legal origin influence its firms'access to finance? Using data from over 4,000 firms in 38 countries, the authors show that firms in countries with French legal origin face significantly higher obstacles in accessing external finance than firms in common law countries Next, their results indicate that French legal origin countries tend to have (1) less adaptable legal systems, as defined by the degree to which case law and principles of equity rather than simply statutory law are accepted foundations of legal decisions, and (2) less politically independent judiciaries, as defined by the degree of tenure of supreme court judges and their jurisdiction over cases involving the government Finally, the authors find that the adaptability of a country's legal system is more important for explaining the obstacles that firms face in contracting for external finance than the political independence of the judiciary So, they distinguish among competing explanations of why law matters for financial development by empirically documenting the links running from international differences in legal origin to the operation of the financial system at the firm level

A General Approach for Predicting the Behavior of the Supreme Court of the United States

Abstract: Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve 70.2% accuracy at the case outcome level and 71.9% at the justice vote level. More recently, over the past century, we outperform an in-sample optimized null model by nearly 5%. Our performance is consistent with, and improves on the general level of prediction demonstrated by prior work; however, our model is distinctive because it can be applied out-of-sample to the entire past and future of the Court, not a single term. Our results represent an important advance for the science of quantitative legal prediction and portend a range of other potential applications.

The Pursuit of Fairness: A History of Affirmative Action

Abstract: Affirmative action strikes at the heart of deeply held beliefs about employment and education, about the concepts of justice and fairness, and about the troubled history of race relations in America. Published on the 50th anniversary of Brown v. Board of Education, this is the only book available that gives readers a balanced, non-polemical, and lucid account of this highly contentious issue. Beginning with the roots of affirmative action, Anderson describes African-American demands for employment in the defense industry - spearheaded by A. Philip Randolph's threatened March on Washington in July 1941 - and the desegregation of the armed forces after World War II. He investigates President Kennedy's historic 1961 executive order that introduced the term "affirmative action" during the early years of the civil rights movement and he examines President Johnson's attempts to gain equal opportunities for African Americans. He describes President Nixon's expansion of affirmative action with the Philadelphia Plan - which the Supreme Court upheld - along with President Carter's introduction of "set asides" for minority businesses and the Bakke ruling which allowed the use of race as one factor in college admissions. By the early 1980s many citizens were becoming alarmed by affirmative action, and that feeling was exemplified by the Reagan administration's backlash, which resulted in the demise and revision of affirmative action during the Clinton years. He concludes with a look at the University of Michigan cases of 2003, the current status of the policy, and its impact. Throughout, the author weighs each side of every issue - often finding merit in both arguments - resulting in an eminently fair account of one of America's most heated debates. A colorful history that brings to life the politicians, legal minds, and ordinary people who have fought for or against affirmative action, "The Pursuit of Fairness" helps clear the air and calm the emotions, as it illuminates a difficult and critically important issue.

Sophisticated voting and gate-keeping in the supreme court

Abstract: "Sophisticated voting" has a solid theoretical foundation, but scholars have raised serious questions about its empirical importance in real-world institutions. The U.S. Supreme Court is one institution where sophisticated voting should be common, but, paradoxically, where scholarly consensus about its existence has yet to emerge. We develop and test a formal model of sophisticated voting on agenda setting in the Supreme Court. Using data on petitions for certiorari decided in October term 1982, we show that, above and beyond the usual forces in case selection, justices engage in sophisticated voting, defined as looking forward to the decision on the merits and acting with that potential outcome in mind, and do so in a wide range of circumstances. In particular, we present strong evidence for sophisticated behavior, ranging from votes to deny a case one prefers to reverse to votes to grant cases one prefers to affirm. More importantly, sophisticated voting makes a substantial difference in the size and content of the Court's plenary agenda. Copyright 1999 by Oxford University Press.

Supreme Court decision-making : new institutionalist approaches

Abstract: What influences decisions of the US Supreme Court? For decades social scientists focused on the ideology of individual justices. This text moves beyond that focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements.