Judicial Innovation and Policy Re-Invention: State Supreme Courts and the Right to Die

Glick, Henry R.

doi:10.2307/448763

Cited by 14 publications

(12 citation statements)

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“…This result echoes those of previous studies that have found diffusion to be a process largely driven by policy learning (Shipan and Volden 2008;Volden 2006). Research on state courts suggests that they prefer to delay adoption of a specific policy until their peers signal a willingness to develop or change that legal standard (Glick 1992(Glick , 1994Glick and Hays 1991;Phillips and Grattet 2000). It also comports well with findings that circuits are more likely to adopt new doctrines that have already been tacitly endorsed by at least one of their peers (Klein 2002;Spill Solberg, Emrey, and Haire 2006).…”

Section: Discussionsupporting

confidence: 89%

Judicial Innovation and Sexual Harassment Doctrine in the U.S. Courts of Appeals

Moyer

Tankersley

2011

Political Research Quarterly

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The determination that sexual harassment constituted "discrimination based on sex" under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.

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Section: Discussionsupporting

confidence: 89%

Judicial Innovation and Sexual Harassment Doctrine in the U.S. Courts of Appeals

Moyer

Tankersley

2011

Political Research Quarterly

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“…Several variations of coding rules have been used to define sets of equivalent, or at least similar, policies. Perhaps the broadest approach—studying policies adopted within a domain, but moving the status quo in opposite directions—is represented by Glick (). Glick studies judicial enactments related to the “right to die”—the right of patients or their representatives to end the use of life‐preserving medical technology.…”

Section: Conceptualizing Policy Similaritymentioning

confidence: 99%

Text as Policy: Measuring Policy Similarity through Bill Text Reuse

Linder¹,

Desmarais²,

Burgess³

et al. 2018

Policy Studies Journal

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The identification of substantively similar policy proposals in legislation is important to scholars of public policy and legislative politics. Manual approaches are prohibitively costly in constructing datasets that accurately represent policymaking across policy domains, jurisdictions, or time. We propose the use of an algorithm that identifies similar sequences of text (i.e., text reuse), applied to legislative text, to measure the similarity of the policy proposals advanced by two bills. We study bills from U.S. state legislatures. We present three ground truth tests, applied to a corpus of 500,000 bills. First, we show that bills introduced by ideologically similar sponsors exhibit a high degree of text reuse, that bills classified by the National Conference of State Legislatures as covering the same policies exhibit a high degree of text reuse, and that rates of text reuse between states correlate with policy diffusion network ties between states. In an empirical application of our similarity measure, we find that Republican state legislators introduce legislation that is more similar to legislation introduced by Republicans in other states, than is legislation introduced by Democratic state legislators to legislation introduced by Democrats in other states.

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“…Previous research also demonstrates that later innovators adopt policies with similar content and that policies change over time during the course of innovation (Rogers 1983;Glick and Hays 1991;Glick 1992a;Glick 1992b). Therefore, it seems likely that if the Supreme Court permits the states wide latitude in regulating a certain right, state political institutions adopting policies for the first time will endorse the major policies selected by their state counterparts.…”

mentioning

confidence: 90%

“…But the effects of permissive policies are not immediately clear, and the direction of future innovation will be affected by many forces in state politics. (For discussion of the influence of state and national events and trends on state policy innovation, see Glick andHays 1991 andGlick 1992b. ) 3.…”

mentioning

confidence: 99%

The Impact of Permissive Judicial Policies: The U.S. Supreme Court and the Right to Die

Glick

1994

Political Research Quarterly

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Little research has examined the effects of permissive Supreme Court decisions that give lower courts, legislatures, and others very wide discretion in implementation. This research presents two main hypotheses that link the content of state policy before and after a permissive Supreme Court decision: (1) institutions whose previous policies exceed the scope of a new permissive Supreme Court decision will ignore the new policy and maintain their original course; (2) institutions whose previous policies lag a permissive Supreme Court ruling will innovate by altering their policies to meet but not exceed the new Supreme Court decision. A sub-hypothesis applicable to both of these hypotheses is: state political institutions that previously had no applicable policies, but adopt them following a permissive Supreme Court decision, will follow the main policy innovations chosen by their counterpart state institutions. Focusing on the right to die and the Supreme Court's Cruzan decision, the reserach confirms the hypotheses. The findings suggest that permissive Supreme Court policies have effects similar to other more directive decisions but also that permissive policies reinforce dominant patterns of state policy innovation.

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Judicial Innovation and Policy Re-Invention: State Supreme Courts and the Right to Die

Cited by 14 publications

References 0 publications

Judicial Innovation and Sexual Harassment Doctrine in the U.S. Courts of Appeals

Judicial Innovation and Sexual Harassment Doctrine in the U.S. Courts of Appeals

Text as Policy: Measuring Policy Similarity through Bill Text Reuse

The Impact of Permissive Judicial Policies: The U.S. Supreme Court and the Right to Die

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