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RATIONAL JUDICIAL BEHAVIOR: A STATISTICAL STUDY

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ABSTRACT
This paper analyzes the connection between ideology and voting of judges using
a large sample of court of appeals cases decided since 1925 and Supreme Court
cases decided since 1937. The ideological classifications of votes (e.g., liberal or
conservative) are dependent variables in our empirical analysis and the independent
variables include the party of the appointing President, the relative number of
Republican and Democratic Senators at the time of the judge‘s confirmation, the
appointment year, characteristics of the judge (e.g., gender, race and prior experience),
and the ideological make-up of the judges on the court in which the judge
sits as measured by the relative number of judges appointed by Republican and
Democratic Presidents. We have a number of interesting results, including how a
judge‘s voting‘s is affected by the voting of the other judges he serves with. We find
a political-polarization effect among Justices appointed by Democratic but not by
Republican Presidents; that is, the fewer the judges appointed by Democratic Presidents,
the more liberally they vote. With regard to court of appeals judges, we find
a conformity effect: if the number of judges appointed by Republican Presidents
increases (decreases) relative to the number appointed by Democratic Presidents,
all judges in the circuit tend to vote more conservatively (more liberally).

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Informasi Detail

Judul Seri

Journal of Legal Analysis

No. Panggil

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Penerbit

Oxford : Oxford University Press on behalf of The John M. Olin Center for Law., 2009

Deskripsi Fisik

Summer, 2009: Volume 1, Number 2 ~ Journal of Legal Analysis

Bahasa

English

ISBN/ISSN

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Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

agus

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