Article2011

The Influence of Precedent on State Supreme Courts

Benjamin J. Kassow · Donald R. Songer · Michael P. Fix

62 citations0/0 files storedPolitical Research Quarterly

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Judicial and Constitutional Studies American Constitutional Law and Politics Comparative constitutional jurisprudence studies

Abstract

Studies of policy making by courts need to examine the actual policy adopted in the majority opinion rather than studying votes. The authors examine the responsiveness of state supreme courts to precedents announced by the US Supreme Court by examining their treatment of the precedents in their opinions, testing the utility of precedent vitality versus the impact of ideological preferences. They find that the vitality of Supreme Court precedent is a strong predictor of the way in which the precedent is treated by state courts, even after controlling for ideological distance and institutional features of state court systems.

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References

2002The Supreme Court and the Attitudinal Model Revisited 2003The Supreme Court and the attitudinal model revisited 2001Crafting law on the Supreme Court: the collegial game 2007Estimating the Impact of State Policies and Institutions with Mixed-Level Data 2007The Judicial Common Space 1994The Hierarchy of Justice: Testing a Principal-Agent Model of Supreme Court-Circuit Court Interactions 2006The Politics of Precedent on the U.S. Supreme Court 1984Judicial Policies: Implementation and Impact

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2013New Data on State Supreme Court Cases 2019United Kingdom, United Courts? Hierarchical Interactions and Attention to Precedent in the British Judiciary 2021Rigid rules and slippery standards: How the nature of U.S. Supreme Court precedents influences subsequent state court treatments 2019The Effect of Opinion Readability on the Impact of U.S. Supreme Court Precedents in State High Courts 2019The Aggregate Dynamics of Lower Court Responses to the US Supreme Court

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