Challenges to the Impartiality of State Supreme Courts: Legitimacy Theory and 'New-Style' Judicial Campaigns

2007 ◽  
Author(s):  
James L. Gibson
Keyword(s):  
State Supreme Courts ◽  
Legitimacy Theory ◽  
Supreme Courts

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

The Business of State Supreme Courts, Revisited

2006 ◽  
Author(s):  
Herbert M. Kritzer ◽  
Paul Brace ◽  
Melinda Gann Hall ◽  
Brent D. Boyea
Keyword(s):  
State Supreme Courts ◽  
Supreme Courts

Public Perceptions of State Court Impartiality and Court Legitimacy in an Era of Partisan Politics

2019 ◽  
Vol 20 (1) ◽  
pp. 54-80
Author(s):  
Corey Barwick ◽  
Ryan Dawkins
Keyword(s):  
Public Perceptions ◽  
State Court ◽  
Partisan Politics ◽  
Court Decisions ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Political World ◽  
Policy Goals ◽  
Citizen Perceptions ◽  
Original Survey

Why do some people evaluate state supreme courts as more legitimate than others? Conventional academic wisdom suggests that people evaluate courts in nonpartisan ways, and that people make a distinction between how they evaluate individual court decisions and how they evaluate the court’s legitimacy more broadly. We challenge this idea by arguing that people’s partisan identities have a strong influence on how people evaluate the impartiality of courts, just as they do other aspects of the political world. Using original survey experiments, validated by existing observational survey data, we show that people perceive state supreme courts as being more impartial when courts issue decisions that match the ideological preferences of their preferred political party, while court decisions at odds with their party’s policy goals diminish people’s belief that courts are impartial arbiters of the law. We also show that the effects of citizen perceptions of impartiality erode evaluations of state court legitimacy, which makes them want to limit the independence of judicial institutions.

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