Implementation of Judicial Decisions

Baum, Lawrence

doi:10.1177/1532673x7600400104

Cited by 67 publications

(27 citation statements)

References 28 publications

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“…First, the possibility of reversal deters the lower courts from shirking. While proportionately few such reversals actually occur, due to the Court's shrinking docket, 4 Baum finds that stigma attaches to one's reversal rate (Baum 1978; see also Baum 1976;Caminker 1994). In addition, judges are socialized into the legal culture, thereby having certain role perceptions (Tarr 1977), and they take a pledge to defend and uphold the Constitution, which should count for something (Canon and Johnson 1999).…”

Section: Compliance and Impact In Judicial Scholarshipmentioning

confidence: 97%

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Benesh¹,

Reddick²

2002

The Journal of Politics

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While past research has demonstrated widespread compliance in the Courts of Appeals with Supreme Court precedent (e.g., Gruhl 1980; Songer 1987; Songer, Segal, and Cameron 1994; Songer and Sheehan 1990), compliance is not automatic and is surely political. We examine compliance with Supreme Court overrulings of precedent—cases in which we might expect the lowest levels of compliance with Supreme Court policy prescriptions. We argue that several variables are relevant to the compliance decision and that those variables fall into two broad categories: characteristics of the Supreme Court precedent and characteristics of the circuit applying the precedent. In our event history analysis, we find that both precedent and circuit characteristics determine whether, and how quickly, a circuit follows a Supreme Court decision that overrules existing precedent; that is, unanimity, complexity, and the age of the overruled precedent, as well as the likelihood of Supreme Court review, are related to the compliance decision. While the Courts of Appeals adopt alterations in Supreme Court precedent rather quickly (within one or two relevant decisions), these factors exert some influence on that speed.

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Section: Compliance and Impact In Judicial Scholarshipmentioning

confidence: 97%

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Benesh¹,

Reddick²

2002

The Journal of Politics

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“…It is important to note that these variables are not arbitrarily chosen as three important variables among others, but because they have high explanatory power and exist at the core of interaction processes (Bressers 2004;Owens 2008). Motivation (Gross et al 1971;Ball 1976;Larson 1980;Nakamura and Smallwood 1980), information (Baum 1976;Edwards 1980;Williams 1980;Baum 1981;Williams 1982), and power (Bunker 1972;Berman 1980;Raelin 1980Raelin , 1982Ackermann and Steinmann 1982;Davies and Mason 1982;Browne and Wildavsky 1984) have been identified as key variables for implementation by other scholars. All three consistently emerge as core ideas within O'Toole's (1986) list of hundreds of variables deemed "important" by researchers in the field (Owens 2008).…”

Section: Justification Of Citmentioning

confidence: 99%

A Comparative Analysis of How Actors Implement: Testing the Contextual Interaction Theory in 48 Cases of Wetland Restoration

Owens

Bressers

2013

Journal of Comparative Policy Analysis: Research and Practice

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This paper applies a two-actor, causal, deductive theory of implementation (the contextual interaction theory) to analyze 48 wetland restoration cases. The theory uses motivation, information, and power of the policy implementer and target to predict the nature of the implementation process (e.g. cooperation, obstruction, etc.). The research question centers on the predictability potential of the contextual interaction theory. It asks if the theory accurately predicts process interactions, based on the quantification of actor motivation, information, and power. In the analysis, a strong correlation was found between expected and observed results, or a high predictability potential. To overcome limitations, a formula version was also tested using a correlation design. These results did not produce an equivalent fit. One explanation is that implementation entails threshold values in the core variables, and a broad neutral category that fails to influence action in the same manner. This theory is found to be a useful tool for consistent, comparative, and replicable analyses that should be applied more broadly in implementation studies to better understand its strengths and limitations.

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“…Role of local media Enforcement resources; reputational authority; role of local media Baum (1976Baum ( , 1981 Interests Elmore (1976Elmore ( , 1977Elmore ( , 1978Elmore ( , 1979Elmore ( -80, 1985 Structure of incentives Structure of power relationships; resources Grindle (1980Grindle ( , 1981 Content of policy (interest affected…program implementers); context of implementation (interests)…”

Section: Motivation Information and Power As Core Actor Characterismentioning

confidence: 99%

Understanding how actors influence policy implementation : a comparative study of wetland restorations in New Jersey, Oregon, The Netherlands and Finland

Owens¹

110

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Implementation of Judicial Decisions

Cited by 67 publications

References 28 publications

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

Overruled: An Event History Analysis of Lower Court Reaction to Supreme Court Alteration of Precedent

A Comparative Analysis of How Actors Implement: Testing the Contextual Interaction Theory in 48 Cases of Wetland Restoration

Understanding how actors influence policy implementation : a comparative study of wetland restorations in New Jersey, Oregon, The Netherlands and Finland

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