TITLE

JUDICIAL PERCEPTIONS OF VOTING FLUIDITY ON STATE SUPREME COURTS

AUTHOR(S)
Swanson, Rick A.
PUB. DATE
July 2007
SOURCE
Justice System Journal;2007, Vol. 28 Issue 2, p199
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Changes in individual judges' votes regarding the proper outcome of a case before release of the court's final opinion, called judicial voting fluidity, are often seen as being driven by ideology but constrained by contextual and institutional considerations. Judges' own views of this matter have been largely neglected. Interviews of eighty-one justices sitting on thirty-five state supreme courts reveal that judges typically play substantial roles in each other's decision making. Voting fluidity is widespread and not uncommon, as is fluidity in the language of opinions. Although these judges do seek majority coalitions, their explanations of voting fluidity do not reveal strategic calculations driven by ideological preferences, but primarily show deference to other judges who possess superior legal expertise relevant to the case. These findings suggest limits to the ability of ideology to explain voting fluidity and call for greater consideration of small-group dynamics in models of judicial decision making.
ACCESSION #
25582272

 

Related Articles

  • LEGAL LANDSCAPE.  // Singapore Country Profile;Oct2012, p60 

    This article presents information on Singapore's legal and judicial systems. The Supreme Court heads the country's independent judiciary which is based on the English common law system. The country tops the world ranking in terms of ease of doing business, according to the World Bank's 2012...

  • Shedding (Empirical) Light on Judicial Selection. Epstein, Lee // Missouri Law Review;2009, Vol. 74 Issue 3, p563 

    The article offers the author's views regarding three papers on judicial election and retention system in Missouri. The author discusses the issues of the state's election system such as the concerns on organized interests. He comments on a proposal that the states should allow interest groups...

  • Fresh Evidence: Ordering of Retrial. Mukherjee, Amrita // Journal of Criminal Law;Feb2005, Vol. 69 Issue 1, p16 

    The article focuses on administration of criminal justice while ordering fresh evidence and retrial of the case. It would appear that retrials are seldom ordered following a quashing of a conviction by the Court of Appeal. For an appellant who is adamant that he is innocent of the offence...

  • BIDDING FOR JUSTICE: THE INFLUENCE OF ATTORNEYS' CONTRIBUTIONS ON STATE SUPREME COURTS. Williams, Margaret S.; Ditslear, Corey A. // Justice System Journal;2007, Vol. 28 Issue 2, p135 

    A few states, including Wisconsin, attempted to curb the influence of money and politics on judicial decisions by including nonpartisan elections and public financing of campaigns in their system of judicial selection. Despite these reforms, we posit a relationship between the campaign...

  • What are Appeal Courts for?  // Otago Law Review;2004, Vol. 10 Issue 4, p517 

    Presents a speech by Lord Rodger of Earlsferry, delivered at the Faculty of Law of the University of Otago in New Zealand, September 17, 2003 Opinion about the nature of the work of appeal courts particularly the extent to which appeal courts are designed and equipped to shape the law in New...

  • Christian Coalition wading into judicial races.  // Gay & Lesbian Times;5/20/2004, Issue 856, p28 

    Reports on the Christian Coalition of Georgia's sending out a candidate survey to quiz candidates for Georgia Supreme Court and Georgia Court of Appeals on their judicial philosophy. Solicitation of opinions of judges on several U.S. Supreme Court decisions; Objectives of the survey

  • Away from the Numbers: Opinion in the Court of Appeal. Wilson, Adam // Journal of Criminal Law;Dec2011, Vol. 75 Issue 6, p503 

    The Court of Appeal has recently addressed opinion evidence in numerous cases. Recurring themes have been addressed consistently with the exception of R v T (2010). It is suggested that the rationale in T is not as persuasive as that adopted in other cases. This article advocates that,where...

  • THE USE OF JUDICIAL PERFORMANCE EVALUATION TO ENHANCE JUDICIAL ACCOUNTABILITY, JUDICIAL INDEPENDENCE, AND PUBLIC TRUST. Brody, David C. // Denver University Law Review;2008, Vol. 86 Issue 1, p115 

    The article examines the method used by different states in the U.S. in evaluating the effectiveness of their judicial performance evaluation (JPE) program and the impact of the program in judicial accountability. It discusses the concept of judicial accountability and independence and its...

  • BEYOND THE "FOUR WALLS" IN AN AGE OF TRANSNATIONAL JUDICIAL CONVERSATIONS CIVIL LIBERTIES, RIGHTS THEORIES, AND CONSTITUTIONAL ADJUDICATION IN MALAYSIA AND SINGAPORE. Li-Ann Thio // Columbia Journal of Asian Law;Spring2006, Vol. 19 Issue 2, p428 

    The article discusses the use of the four walls doctrine by Malaysian and Singaporean governments. The constitutional courts who have followed the legal system of Westminster, London have shared some commonality of values and similarities in judicial rights interpretation. Both governments...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics