This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions.The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.
Through its rulings, the U.S. Supreme Court makes clear what the Constitution means and how best to interpret congressional statutes. But, because Supreme Court rulings do not implement themselves, the Court is dependent on compliance by lower courts to effectuate its policies. Using the concept of jurisprudential regimes developed by Richards and Kritzer in 2002 and specifically the Establishment Clause jurisprudential regime they identified in 2003, we evaluate the extent to which the U.S. Courts of Appeals faithfully implement the Supreme Court's policy in this area of law. We find that decision making by court of appeals panels is indeed structured by the Supreme Court's Establishment Clause jurisprudential regime, even when taking into account the policy preferences of court of appeals judges. Furthermore we find that this attentiveness to legal factors is not a function of circuit court judges' fear of reversal.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.