Stefanie Lindquist

Stefanie Lindquist
Arizona State University | ASU · School of Politics and Global Studies

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56
Publications
11,427
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1,060
Citations

Publications

Publications (56)
Article
This article explores the determinants of U.S. Supreme Court justices’ voting behavior in cases involving constitutional challenges to state statutes, with a particular focus on the degree to which majoritarian influences—as reflected in state participation and congressional preferences—affect the justices’ votes. We find that the scope of the Cour...
Article
Justice Stevens's retirement from the U.S. Supreme Court has occasioned numerous retrospectives on his lengthy career as a Supreme Court Justice. Yet Justice Stevens's career began on the Seventh Circuit and his voting behavior and doctrinal positions on the circuit court provide a unique window into his judicial character and the roots of his thin...
Article
The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactme...
Article
Ideological models are widely accepted as the basis for many academic studies of the Supreme Court because of their power in predicting the justices’ decision making behavior. Not all votes are easily explained or well predicted by attitudes, however. Consensus in Supreme Court voting, particularly the extreme consensus of unanimity, has often puzz...
Article
Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational-anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional...
Article
We evaluate the claim that Supreme Court justices act like legislators in robes by 1) comparing unidimensional ideal-point estimations of Congressional and Supreme Court decision making 2) explicitly tying the Supreme Court’s votes on judicial review of federal legislation to Congressional roll call votes on the same bill and 3) evaluating the effe...
Article
Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, howev...
Article
The value of stability in the law is reflected in the common law principle of stare decisis. Legal stability provides guidance to future and lower courts. Further, it allows litigants (potential and actual) and their attorneys to make informed decisions about litigation. Adherence to the principle of stare decisis may also produce other positive re...
Article
The Supreme Court's decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices' choices to invalidate a state or federal enactme...
Article
The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati's scales for measuring judicial quality but have offered little that is...
Article
Even where idiosyncratic factors such as ideology play large and consistent roles in judges' decision making, there are always cases where the patterns of judges' votes confound our expectations. In some ways, these are among the most interesting cases for scholars, raising important questions about judicial behavior and institutions. In the first...
Article
Full-text available
Using an aggregate-level model of Supreme Court–circuit court interactions, this study assesses the extent to which the Court's auditing process of circuit court outputs is shaped by organizational dynamics such as structural capacity, institutionalization, and demographic characteristics. Principals in organizational hierarchies must audit the beh...
Article
In rendering a decision in a particular case, judges are not limited to finding simply for the appellant or for the respondent. Rather, in many cases, they have the option to find for the former on one or more issues and for the latter on one or more other issues. By thus “splitting the difference,” judges can render a judgment that favors both lit...
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Full-text available
In this paper, we assess various influences on U.S. Supreme Court justices' behavior in cases involving judicial review of federal, state and local statutes. Focusing on challenges to the constitutionality of statutes considered by the Burger and Rehnquist Courts during the 1969 to 2000 Terms, we evaluate the impact of attitudinal, institutional, a...
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Full-text available
Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate statutes. This data provides a rough guide but omits any consideration of the judicial legitimacy of the statute -...
Article
In this study, we evaluate the individual voting behavior of the justices on the Rehnquist Court in cases raising constitutional challenges to federal, state, and local legislation. Using activism, federalism, and ideology as our guiding principles, we evaluate the extent to which the justices' voting behavior is consistent with the conventional wi...
Article
In this study, we assess the impact of attitudinal and jurisprudential factors on the Supreme Court's resolution of intercircuit conflicts. In doing so, we depart from earlier efforts to assess the impact of legal factors that conceptualize law as an external constraint. Instead, we view jurisprudential considerations in terms of the justices' effo...
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Full-text available
This article provides an empirical study of the effect of precedent on judicial decisionmaking. Precedent is much analyzed as a controlling factor for judicial decisions but rarely tested for its effect. Some have argued that reliance on precedent creates a system of path dependence of the law, which may yield undesirable herd behavior. As a framew...
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Students of judicial behavior have increasingly turned to strategic accounts to understand judicial decision making. Scholarship on the Supreme Court and state high courts suggests that the decision to dissent is better understood in light of strategic considerations rather than simply reflecting ideological disagreement. We investigate whether the...
Article
Students of judicial behavior have increasingly turned to strategic accounts to understand judicial decision making. Scholarship on the Supreme Court and state high courts suggests that the decision to dissent is better understood in light of strategic considerations rather than simply reflecting ideological disagreement. We investigate whether the...
Article
What are the legal implications for personnel management of governmental privatization through incorporation of a subsidiary or related entity to perform public functions? The manner in which a governmental entity establishes or interacts with a private corporation performing public services can be crucial to answering that question. Entanglement b...
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Objective. This article investigates the existence of a freshman effect on separate opinion authorship on the U.S. Courts of Appeals. First, we evaluate the extent to which freshman judges demonstrate unique behavior with respect to writing concurring and dissenting opinions. Second, we examine the potential for background factors to condition any...
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Full-text available
In this article, we set ourselves to the task of identifying the determinants of separate opinion writing on the U.S. Courts of Appeals. Utilizing a new institutional theoretical framework, we evaluate a series of hypotheses concerning the connection between separate opinion writing behavior and attitudinal, institutional, and legal factors. Within...
Article
In this article, we examine factors that influence appellate supervision in the lower tiers of the federal judicial hierarchy. Drawing on the insights of agency theory, we develop a framework to assess the determinants of circuit panel decisions to affirm or reverse federal district court rulings. Our analysis of U.S. Courts of Appeals' published c...
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This brief highlights several important developments in the area of whistleblower protection law. In particular, the brief describes the significance for whistleblowers of new federal laws enacted in 2002, including the Notification and Federal Employee Antidiscrimination and Retaliation Act, the Corporate Fraud and Accountability Act, and the Home...
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Full-text available
We describe the role of the chief judge on the United States Courts of Appeals, provide a profile of past chief judges, and assess their influence on decision making by appellate panels. In particular, we analyze the chief judge's influence on consensus within individual panels and between the appellate panel and the district court below. We model...
Article
In The Courts of International Trade : Judicial Specialization , Expertise , and Bureaucratic Policymaking , Isaac Unah has ventured into territory that has remained largely uncharted by scholars of judicial politics. With the prominent exception of Lawrence Baum's work on specialized courts, few researchers in political science have chosen to expl...
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Previous research by Robert Dahl and others has argued that the predominant pattern of Supreme Court decisionmaking reflects the appointments Presidents make to the Court. But each President's impact on the Court's decisions may be limited if that President appoints multiple justices who fail to vote cohesively. In this article we evaluate the rela...
Article
Previous research by Robert Dahl and others has argued that the predominant pattern of Supreme Court decisionmaking reflects the appointments Presidents make to the Court. But each President's impact on the Court's decisions may be limited if that President appoints multiple justices who fail to vote cohesively. In this article we evaluate the rela...
Article
In the U.S. legal system, litigants frequently retain counsel to represent their interest in civil cases, particularly when the stakes are high. Scholarly work and anecdotal evidence suggest that variation in the quality of advocacy has the potential to affect litigant success. We examine the relationship between attorney characteristics, case outc...
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This article presents results from a systematic study of overruling decisions by state supreme courts in four states—Alabama, Florida, New Jersey, and Pennsylvania—over a thirty-two-year period. We find some general trends in the overruling behavior of these courts, including 1) overruling decisions tended to occur generally at the same rate across...
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In this article, the authors interpret the work of Mary Parker Follett, a well-known but underappreciated theorist of public administration. In a formal philosophical analysis organized around the traditional categories of ontology, epistemology, and ethics, they relate contemporary feminist theory to Follett slife experiences and writings, particu...
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Different circuits have reached different conclusions on issues relating to Social Security Administration disability claims, possibly undermining the agency's efforts to implement a nationally uniform program.
Article
While legal stability is generally favored, little empirical research has focused on whether it may be encouraged or discouraged within courts via institutional design. Our focus is on whether the institutional characteristics of a court system influence legal stability, with particular attention to whether such factors influence a court"s propensi...
Article
We evaluate the claim that Supreme Court justices act like legislators in robes by: (1) comparing unidimensional ideal-point estimations of Congressional and Supreme Court decision making, (2) explicitly tying the Supreme Court's votes on judicial review of federal legislation to Congressional roll call votes on the same bill, (3) evaluating the ef...

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