January 2021
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20 Reads
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50 Citations
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January 2021
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20 Reads
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50 Citations
January 2015
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4 Reads
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11 Citations
January 2012
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12 Reads
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24 Citations
November 2006
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82 Reads
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45 Citations
The Journal of Politics
Agenda setting has received only modest attention in studies of the judiciary. This reflects the limited control most courts exercise over the cases they hear. We analyze the influence of ideological and legal factors on the grant of en banc rehearing in the U.S. Courts of Appeals—one of the few instances of agenda control in the lower federal courts. Unlike previous research, we examine multiple decision points in the agenda-setting process. Our results indicate that the influence of attitudinal and legal factors varies across decision points revealing a complexity obscured in previous work. Our research underscores the importance of treating agenda setting as a process rather than as a single decision.
January 2006
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4 Reads
January 2003
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72 Reads
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49 Citations
January 1996
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4 Reads
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3 Citations
CUNY Law Review
January 1995
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2 Reads
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46 Citations
November 1989
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19 Reads
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50 Citations
American Journal of Political Science
This study conceptualizes the U.S. Supreme Court as a political institution whose decision-making behavior over time can be effectively explained and predicted. A four-variable model is constructed as a means of better understanding the Court's policy outputs in criminal justice disputes. This model represents Court decisions as a function of the institution's political composition, the generally stable attitudes of its members, its policymaking priorities, and the political environment. The results indicate that the model has substantial explanatory and predictive capacity when applied to Supreme Court criminal rights cases from 1946 to 1986.
May 1988
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24 Reads
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141 Citations
The Journal of Politics
The early 1940s marked a period in which the consensus norms of the Supreme Court experienced a radical and apparently permanent change. The consistent pattern of relatively high cohesion characteristic of the Court–s earlier years gave way to surging rates of concurring and dissenting opinions. The present research is an examination of the factors possibly contributing to the justices' sharply increasing tendency to express their individual views rather than to defer to the opinion of the Court. Using both historical and quantitative methods, the authors evaluate the impact of the Court's discretionary jurisdiction, changing caseload, associate justice characteristics, and judicial leadership. The evidence presented points to the conclusion that in combination with other factors the leadership style introduced by Harlan Fiske Stone in 1941 had a dramatic effect on the consensus norms of the Court.
... Ferejohn and Weingast (1992) follow this convention but include a third point (Q) to represent the ideal point of the "enacting legislature" to distinguish it from the preferences of actors currently in Congress. Eskridge (1991aEskridge ( , 1991b and Epstein and Walker (1995) model congressional preferences by including ideal points of the median member of congress (M) and the median member of the "relevant gate keeping committee" within Congress (G) with regard to the particular issue the Court is considering. ...
January 1995
... One of the main reasons why research on European courts is lagging behind research on American courtsbesides different traditions with respect to law and politics on the two sides of the Atlantic (Kelemen 2011)is the lack of accessible multi-user databases that provide scholars visibility into the decision-making of European courts. 1 The US Supreme Court Database, for instance, is one of the most successful social science databases and facilitates quantitative research on judicial politics in the United States (Epstein et al. 2015). There is no equivalent for the main court of the European Union, the Court of Justice of the EU (CJEU). ...
January 2012
... The primary data source for the signed network we consider herein is the Government Printing Office (2014) document: Supreme Court Decisions Overruled by Subsequent Decision. These data were supplemented by information obtained from multiple other sources including: Epstein et al. (2015), Root (2014), Vile (2010), Powe (2009), Gerhardt (2008), Hall (2005), Spriggs and Hansford (2001), Brenner and Spaeth (1995) and Eskridge (1988) 5 . This entailed identifying the overturned decisions in the larger network of Fowler and Jeon and marking the overturning links as negative citation ties. ...
Reference:
signed supreme court networks I
January 2015
... After Justice Stevens, a Protestant, retired in 2010 and President Obama appointed Justice Kagan, who is Jewish, for the first time in its history, the Supreme Court contained no Protestant justices, as six justices then identified as Catholic (Chief Justice Roberts as well as Justices Scalia, Kennedy, Thomas, Alito, and Sotomayor), while three identified with Judaism (Justices Ginsburg, Breyer, and Kagan). This was a significant departure from the prior period when Protestants dominated the Court, as about three-quarters of all Supreme Court justices have been Protestant (Epstein et al. 2021). ...
January 2021
... A straightforward implication of this model is that the constitutional discretion of a court, even a final appellate court not bound by precedent, is not unlimited. To issue rulings that will be respected and obeyed, the Court must accommodate the preferences and expected reactions of the veto players (Ferejohn and Weingast 1992;McCubbins et al. 1994;Epstein and Walker 1996;Epstein and Knight 1997;Ginsburg 2005;De Figueiredo et al. 2008;Vanberg 2008;Jacobi 2010). ...
January 1996
CUNY Law Review
... The study of the ideologies of Supreme Court justices has attracted many scholars [1,2]. Due to its inherently latent nature, many approaches have been taken to quantify judicial ideologies [3][4][5][6][7][8][9][10]. One of the most popular quantifications is the Martin-Quinn score [10], which introduced a Bayesian item response model to estimate so-called "ideal points". ...
November 1989
American Journal of Political Science
... My approach is exactly that of Owens, Wedeking, and Wohlfarth (2013). I locate actors using Judicial Common Space (JCS) scores (Epstein et al. 2007); that is, 1st Dimension DW-NOMINATE scores for legislators (Lewis et al. 2021) and Martin-Quinn (2002) scores transformed into DW-NOMINATE space for justices. JCS scores thus range from À1 (most liberal) to 1 (most conservative). ...
January 2003
... Although we agree with this argument, we believe that the theory of litigant status implies that important differences also exist within non-IFP/non-pro se litigants. doorstep each term (Epstein et al. 2007b). Each of these petitioners has lost in a lower court and is asking the Supreme Court for a writ of certiorari (cert). ...
... Department of Justice 1988, 1). However, since 1955, there have been 213 plurality decisions (see Epstein, Segal, Spaeth, and Walker 2007). Figure 1 depicts the proportion of plurality decisions from 1946-2006 (Epstein, Segal, Spaeth, and Walker 2007). ...
... This is a quantitative signal of the norm to consensus, which is an oft discussed aspect of the US Supreme Court[30,36,37]. Consensus is essential because the court has no constitutional mandate to enforce its laws but relies solely on perceived legitimacy, an important part of which is the size of the majority. ...
May 1988
The Journal of Politics