An Integrated Model of Privacy Decision Making in State Supreme Courts

Abstract

This study predicts state supreme court judges' votes on claims based on a right to privacy by estimating an integrated model that incorporates contextual, attitudinal, and legal variables, including U.S. Supreme Court precedent. Consistent with previous research on judicial decision making, the results suggest that judges' rulings are influenced by various extralegal factors, both individual and contextual. But politics do not entirely overwhelm the role of law. U.S. Supreme Court precedent—when it exists—substantially constrains judges' responses to privacy claims in the states.

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