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| Theory that the SC justices do not have the time to carefully review all cases that are appealed to them, so they develop shorthand methods of seeking out easy-to-find cues to help them determine whether they want to review a particular case.-Factors that would predict when SC would grant certiorari |
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The theory that appellate court behavior may be explained in part by what social scientists know generally about the decision-making process of small groups of any kind. Also the initial vote and final vote.
-2 important factors for influence: Personality and Intellect |
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| The degree that appellate court judges change their opinions between the time a conference vote is taken and the vote is announced in open court..also refereed to as the appellate judges' openness to change. |
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| This is on appellate courts, it's when a judge performing this role attends to the emotional needs of his or her associates by affirming their values as individuals and as court members, especially when their views are rejected by the majority. |
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| On Appellate Courts, it's when a judge performing this role is the intellectual force behind the conference deliberations, focusing on the actual decision and trying to keep the court consistent with itself. |
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| The theory that appellate judges' votes may be explained by knowing more than just their basic attitudes. Judges realize that the fate of their policy goals often depends on the values of other decision markers, such as colleagues on the bench, the president, and members of Congress. |
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| Judges engage in this behavior when they make decisions based upon a consideration of the actions of other judicial and political decision makers. |
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| The regular participants in the day-to-day activities of a particular courtroom. The most visible members of this group are judges, prosecutors, and defense attorneys. |
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| Pro bono publico "for the public good" |
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| Usually refers to legal representation undertaken without fee for some charitable or public purpose. |
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| Liberals views in economic cases |
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| More likely to support government regulation, underdogs (poor people receiving gov't. benefits) |
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>Discretionary Jurisdiction (SC)
>Summary disposition
>Truncated Procedures
>Manipulation of costs
>Manipulation of courts right to decide-use of justability
>Plea bargaining as a form of THIS |
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-Bloc Form analysis
-Scaling
-Fact pattern models- combining legal and attitudinal patterns |
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1. Party
2. Dissension in lower courts
3. Civil rights issue
4. Economic issue |
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| Tactics for influencing Judges: |
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-Persuasion on the merits
-Bargaining
-Threat of Sanctions |
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| Influence of the Chief Justice: |
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-Control over the discuss list at conference
-Assign opinions
-**Must have desire to use his/her position as Chief |
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Believes it is common for justices to be influences and change their votes
-Examines docket books of Justice Murphy and does a doctrinal analysis (Selection basis) |
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| Brenner's Study of Fluidity |
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Definition
-Looks at initial vote in conference and compares to final vote on merits
-Strong and Weak Fluidity |
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| shifts from affirm to reverse |
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| switch from non-participation to reverse or affirm |
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Decisions based on attitudinal patterns judges share in common
-cases viewed on broad political, social, and economic issues |
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Taking Bloc Formation a step further and developing continuum's on which justices could be placed
-accurate in predicting votes 85% of the time
-Judges are assigned to scales by looking at past votes |
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| Strategic Decision Making |
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Definition
People/Justices are rational
-Justices have attitudinal ideal points but they also want to optimize their vale positions
-Collegial decision making and majority vote lead to strategy
-Interested in Coalition formation and the opinion language |
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Identify factual patters in a case
-If certain facts are present, then justice is more likely to vote a particular way
-Ex. of facts: Gender of the litigant, court appointed attorney or not, social status of parties, race, etc |
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| Segal and Search and Seizure Facts |
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Definition
-Place of Search
-Extent of search
-Prior justification
-Arrest |
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| Justice White Conclusions |
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| Cues are operating, Commonalities between center justices (place of search, prior justification, party to suit) |
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| Justice Stevens Conclusions |
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-Not enough cases to get accurate predictions
-2 significant predictors= Person (-) and Incident Lawful (+) |
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| Songer and Haire, Judges are influenced by the joint result of complex factors (attitudes, impact, litigants, fact patterns, precedent), U.S. Court of Appeals votes in obscenity cases |
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Appointing President, Region
Region (+) LBJ (+) Carter (+) Reagan (-) |
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Before and after Miller v. California
Miller (-) |
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Bookstore, Adult Bookstore, individual, level of government
Individual (-) Government Level (+) |
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| Films, Text, Magazine, Adult |
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| 1st Amendment, Privacy, Prior Restraint, No Scienter |
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| Mechanical Jurisprudence and Legal Reasoning |
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| Sociological Jurisprudence and Static of Dynamic Law |
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| To stand by decisions and do not disturb the un-disturbed. |
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| Stare Decisis, Judicial Restraint, and Strict Interpretation |
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-Translates to a friend of the courts brief, even filed more at the merit stage of the briefs.
-Briefs are aimed at strengthening the position of one of the parties,
-Suggest group's view of how the case should be decided
-Signal to the court the groups and interest involved and affected by case.
-Solicitor General's Briefs in support of others' cases are largely successful |
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| Rules Governing Amicus Participation |
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Definition
-Must have consent of both parties
-SC can grant access
-Governments don't need permission
-Can be submitted at certiorari and merit stages |
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| Epstein & O'Connor attribute increase in Conservative beliefs to: |
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Definition
-Groups viewed Burger Court as more receptive
-Learned from experiences of the 50's & 60's
-Could be the acceptance of and growth of conservatism in the US and it gave the groups more life. |
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| What do justices get from amicus brief? |
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Definition
-Signals from future litigants, allies, or interested parties
-Information |
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| Test to see if litigants with amicus support win more often |
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