Explaining Indigenous Peoples’ Success in State Supreme Courts: Party Capability, Judicial Selection, and Representation

The judicial selection classification problem is widely recognized but poorly understood. In this note, I identify the classification problem’s three interrelated sources: ambiguous theoretical arguments, varying decision rules for categorizing merit selection states, and not accounting for interim selections in mixed systems. To demonstrate threats to inference posed by the classification problem, I replicate a study on opinion writing productivity in state supreme courts. I also offer straightforward suggestions for resolving the classification problem. Eliminating the classification problem will help ensure that inferences are comparable across studies with respect to the consequences of institutional design choices concerning state judicial selection mechanisms.

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Toward A Positive Theory of State Supreme Court Decision Making

Business and Politics ◽

10.2202/1469-3569.1061 ◽

2003 ◽

Vol 5 (01) ◽

pp. 7-43 ◽

Cited By ~ 5

Author(s):

Pablo T. Spiller ◽

Richard G. Vanden Bergh

Keyword(s):

Decision Making ◽

Supreme Court ◽

Supreme Court Decision ◽

The State ◽

Court Decision ◽

Constitutional Amendment ◽

State Supreme Courts ◽

Supreme Courts ◽

Judicial Selection ◽

State Supreme Court

State Supreme Courts have grown in importance during the last thirty years in the formation of public policy. Their judgements determine many aspects of constitutional law, tort reform, judicial selection, and campaign finance reform, among others. A vast body of literature has been developed that analyzes State Supreme Court decision making, which emphasizes the conditioning effects of the legal and institutional environment. This article expands on this previous work by incorporating the interaction of the judiciary with other government institutions, and applies the Positive Political Theory approach to law and legal institutions to the State Supreme Court. In addition, the neo-institutionalist literature of the selection process is incorporated to defend a systematic approach towards decision making. Towards that end, this article explores how judicial decisions are conditioned by institutional rules, resulting in a formal modeling of how the State Supreme Courts interact with political actors to form constitutional interpretation. This model includes the judicial selection process'retention or competitive reelection—and is extended to constitutional amendment rules, explaining how these two interact rather than acting independently. Finally, the hypothesis is tested that when State Supreme Court judges face retention elections and political preferences are homogeneous, the probability increases of observing constitutional amendment prosposals.

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Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

The Journal of Law Medicine & Ethics ◽

10.1017/s1073110500012985 ◽

1999 ◽

Vol 27 (2) ◽

pp. 204-205

Author(s):

Megan Cleary

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Supreme Court ◽

New Hampshire ◽

Third Parties ◽

State Supreme Courts ◽

Recovered Memories ◽

Supreme Courts ◽

Repressed Memory ◽

University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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