Book Review of Persuading the Supreme Court: The significance of briefs in judicial decision-making : By  Morgan L.W. Hazelton and Rachael K. Hinkle

Canelo, Kayla S.

doi:10.1057/s41309-023-00181-8

Cited by 2 publications

(2 citation statements)

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“…15 The WCopyfind program can be assessed here: https://plagiarism.bloomfieldmedia.com/software/ wcopyfind/ (last accessed April 2, 2022). 16 More recently, Hazelton and Hinkle (2022) use an alternative measurethe cosine similarity scoreto evaluate "shared language" between litigant briefs and US Supreme Court opinions. The cosine similarity measure calculates the likeness "between two documents … based on individual words used without paying attention to the word order" (Hazelton and Hinkle 2022, 113).…”

Section: Methodsmentioning

confidence: 99%

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

Bowie,

Masood,

Savchak

et al. 2023

J. law courts

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Do lower court judges influence the content of Supreme Court opinions in the United Kingdom? Leveraging original data, we analyze opinion language adoption practices of the UK Supreme Court. We advance a theory where the justices’ choices to adopt language from lower court opinions are influenced by Supreme Court-level attributes and Court of Appeal case characteristics. We uncover compelling evidence that UK Supreme Court justices incorporate language extensively from the written opinions of the Court of Appeal of England and Wales. Our findings have significant implications for opinion formulation, doctrinal development, and higher and lower court interactions within comparative courts.

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Section: Methodsmentioning

confidence: 99%

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

Bowie,

Masood,

Savchak

et al. 2023

J. law courts

View full text Add to dashboard Cite

show abstract

“…Justices often base their opinions on amicus curiae briefs. Individuals and groups who are not party of the case sometimes submit amicus curiae briefs to provide additional information on the cases in order to assist with the Court's decision‐making process (Canelo 2022; Hazelton, Hinkle, and Spriggs 2019; Hazelton and Hinkle 2022). In general, studies find that people are more likely to consider clearer briefs to be credible and persuasive.…”

Section: Writing a Clear Signalmentioning

confidence: 99%

Effects of selection regimes on state supreme court opinion writing

Shieh

2023

Social Science Quarterly

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BackgroundJudicial reformers have long debated the merits of different types of judicial selection methods.ObjectivesWhile many of the debates center on how selection methods impact decision making, I argue that selection methods may also affect how justices approach opinion writing.MethodsUsing opinion data from 1953 to 2014 in 21 states and opinion data from 1953 to 2019 in five states, this article investigates whether selection methods influence the clarity of the opinions.ResultsThe results show that selection methods do not have a substantive impact on opinion clarity. What does have an effect on opinion clarity is when justices are ideologically distant from their constituents. Opinion clarity increases when nonpartisan justices are ideologically distant from their constituents, indicating that justices may use written opinions to demonstrate support for public opinion on specific issues, even if they do not generally vote in line with public opinion. In contrast, opinions in states that changed from partisan to nonpartisan are less clear, indicating that when a court changes its selection method, opinion authors may purposefully obfuscate their views and rely on their incumbency advantage to hold on to power.ConclusionThe findings suggest that judicial selection methods only influence opinion clarity in certain contexts.

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Book Review of Persuading the Supreme Court: The significance of briefs in judicial decision-making : By Morgan L.W. Hazelton and Rachael K. Hinkle

Cited by 2 publications

References 1 publication

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

Effects of selection regimes on state supreme court opinion writing

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