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The Judicial Common Space
To say that positive political theory (PPT) scholarship on the hierarchy of justice is theory rich and data poor is to make a rather uncontroversial claim. For over a decade now, scholars have…
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The choices justices make
"The Choices Justices Make" is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals…
Measuring Issue Salience
The concept of issue salience has figured prominently in many studies of American political life. Long lines of research have taught us that both citizens and political elites may respond differently…
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Untangling the Causal Effects of Sex on Judging
We enter the debate over the role of sex in judging by addressing the two predominant empirical questions it raises: whether male and female judges decide cases distinctly (individual effects) and…
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The Changing Dynamics of Senate Voting on Supreme Court Nominees
A near-universal consensus exists that the nomination of Robert Bork in 1987 triggered a new regime in the Senate's voting over presidential nominees—a regime that deemphasizes ethics, competence,…
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Ideological Values and the Votes of U.S. Supreme Court Justices Revisited
Segal and Cover (1989) analyzed the content of newspaper editorials to devise measures of the ideological values of the justices of the U.S. Supreme Court. Because their measures came from sources…
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Ideological Drift Among Supreme Court Justices: Who, When, and How Important?
I. INTRODUCTION When the U.S. Supreme Court invalidated the use of military commissions for enemy combatants in Hamdan v. Rumsfeld? the decision fueled more than a national debate over the powers of…
Do Political Preferences Change? A Longitudinal Study of U.S. Supreme Court Justices
Do the political preferences of U.S. Supreme Court justices change over time? Judicial specialists are virtually unanimous in their response: The occasional anomaly notwithstanding, most jurists…
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Strategic Defiance and Compliance in the U.S. Courts of Appeals
Why do lower courts treat Supreme Court precedents favorably or unfavorably? To address this question, we formulate a theoretical framework based on current principal-agent models of the judiciary.…
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The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government
What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on…
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