Mechanisms Underlying Familial Influence on Elite Political Behavior: Evidence from the U.S. Circuit Courts of Appeals

This article contributes to the literature addressing family influences on elite political behavior. By empirically assessing the influence of sibling gender on judicial decision-making, we are able to present evidence on the mechanism by which child, sibling and other relatives’ gender may influence elite political behavior. We build on a published dataset by mining various archival sources to compile data on the gender of judges’ siblings. We find no evidence that male judges’ votes on so-called “women’s issues” (employment discrimination based on gender or pregnancy, reproductive rights/abortion, and Title IX) are affected by whether they have a sister, and we are able to rule out large effects of a sibling’s gender on male and female judges’ votes. Our results imply that the relationship between family member gender and elite political behavior is driven by the desire to avoid costs of discrimination, rather than learning from family members.

Peer effects on the United States Supreme Court

Using data on essentially every U.S. Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We estimate the impact of justice ideology and justice votes on the votes of their peers. To identify the peer effects, we use two instruments that generate plausibly exogenous variation in the peer group itself, or in the votes of peers. The first instrument utilizes the fact that the composition of the Court varies from case to case due to recusals or absences for health reasons. The second utilizes the fact that many justices previously sat on Federal Circuit Courts, and justices are generally much less likely to overturn decisions in cases sourced from their former “home” court. We find large peer effects. For example, we can use our model to predict the impact of replacing Justice Ginsburg with Justice Barrett. Under the the assumption that Justice Barrett's ideological position aligns closely with Justice Scalia, for whom she clerked, we predict that her influence on the Court will increase the Conservative vote propensity of the other justices by 4.7 percentage points. That translates into 0.38 extra conservative votes per case on top of the impact of her own vote. In general, we find indirect effects are large relative to the direct mechanical effect of a justice's own vote.

URGENCY OF RUNNING HANDLING IN DIVORCE CASE (Study of the Circuit Court Program at the Jantho Syar'iyyah Court)

According to a 2007 study, the poor face major financial barriers to accessing the Religious Courts relating to court fees and transportation costs to come to court. The Supreme Court responded to these findings by paying great attention to the holding of circuit courts and waiving court fees with the Prodeo process. This response is manifested in the Supreme Court Circular (SEMA) Number 10 of 2010 concerning Guidelines for Legal Aid, which is divided into two attachments, namely attachment A for the General Courts and Annex B for the Religious Courts. Based on data from the Syar'iyah Jantho Court, the divorce case that occurred in Aceh Besar District was classified as high. The divorce rate is the number registered with the Jantho Syar'iyah Court, not including those who are not registered or divorce in secret without being registered with the Jantho Syar'iyah Court. Because traditionally, many people divorce without registering with the Syar'iyah Court, especially those whose social, educational and economic status is middle to lower, coupled with the long distance between their homes and the Syar'iyah Court. Therefore, the problems in this thesis are how the circuit court procedure in divorce cases at the Jantho Syar'iyah Court, how the community's participation in the implementation of circuit courts in divorce cases at the Jantho Syar'iyah Court and how the influence of circuit courts in the social life of the community. With the method of field research (field research) conducted at the Syar'iyah Jantho Court, the result of the research is that the procedure for conducting a circuit court consists of pre-trial stages, namely case registration, appointment of a panel of judges (PMH), appointment of a substitute clerk (PP) and a substitute bailiff. (JSP), Determination of Session Day (PHS), and Summons of the parties. The second stage of the trial is peace efforts, reading of lawsuit / petition, answer-answer, verification, deliberation of the panel of judges, reading of decisions / decisions, implementing the divorce vow and submitting divorce certificates. Insofar as it is implemented, community participation is very high so that it affects public awareness that the termination of a marriage relationship is very important to obtain legal certainty.

BATASAN WAKTU PERKAWINAN DALAM PERKARA ISBAT NIKAH PADA SIDANG KELILING DI PENGADILAN AGAMA CIANJUR

Isbat nikah is one of the products of the Religious Court in the form of the determination of the marriage of a husband and wife that has been carried out in accordance with Islamic provisions. However, in the Cianjur Religious Court there are special rules regarding circuit courts in marital isbat cases, namely the year of marriage for the maximum marriage isbat in 2010, above 2010 must be registered at the Cianjur Religious Court office. This study departs from a rule that has been enacted but there are no additional rules regarding the time limit of marriage in marriage isbat cases in a circuit court. As stated in Perma No 1 of 2015 which only regulates the mechanism of the implementation of an integrated isbat trial. While the rule of law remains based on existing rules. It is stated in Article 11 paragraph (9) which states: The hearing in the Integrated Service is conducted in accordance with the procedural law and the applicable provisions. By using the descriptive analysis method, the research is first, the background of the marital time limit in marriage isbat cases which are settled in a circuit court in the Cianjur Religious Court. Second, the process of conducting a trial around isbat nikah with a time limit in the Cianjur Religious Court is no different from the process of conducting a trial around a isbat nikah case. The three rules made by the chairman of the Religious Court do not contradict the rules that already exist in the Compilation of Islamic Law (KHI) or in the request No. 1 of 2015 concerning Integrated Service Mechanisms.

Deference is Dead (Long Live Chevron)

Chevron v. NRDC has stood for more than 35 years as the central case on judicial review of administrative agencies’ interpretations of statutes. Its contours have long been debated, but more recently it has come under increasing scrutiny, with some—including two sitting Supreme Court justices—calling for the case to be overturned. Others praise Chevron, calling deference necessary or even inevitable. All seem to agree the doctrine is powerful and important. This standard account is wrong, however. Chevron is not the influential doctrine it once was and has not been for a long time. It has been eroded from the outside as a series of exclusions have narrowed its scope, and has been hollowed out from the inside as Justices have become ever more willing to find clear meaning in statutes, thereby denying deference to agencies. In recent years, agencies have won only a handful of statutory interpretation cases, and none in more than four years. Only once since 2015 has deference been outcome-determinative. At the Supreme Court level (though not, for now, in the circuit courts), deference is dead. The once-crystal Chevron has turned to mud. As a result, however, it is less likely to be formally overturned than widely believed—critics of deference and of administrative power on the Court would gain little. Instead, Chevron’s future is likely to be one of further decline, at least in the short term. This has implications for major policy areas like climate change, health care, and immigration where regulatory policy is necessary and challenges are likely to reach the Court.