Another Look at the "Party Variable" in Judicial Decision-Making: An Analysis of the Michigan Supreme Court

Polity ◽  
1971 ◽  
Vol 4 (1) ◽  
pp. 91-104 ◽  
Author(s):  
Malcolm M. Feeley
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Judicial Decision ◽  
Judicial Decision Making

Executive Influence on State Supreme Court Justices: Strategic Deference in Reappointment States

2019 ◽  
Vol 35 (2) ◽  
pp. 422-453 ◽  
Author(s):  
Thomas R Gray
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Substantial Influence ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
State Supreme Court

Abstract State supreme court justices are often the final arbiters of cases in their jurisdictions. Yet, in states that grant governors the power to selectively reappoint supreme court justices, justices’ independence is limited. These governors are able to monitor justices’ decisions and are empowered to remove justices whose jurisprudence conflicts with the governor’s preferences. This power gives governors substantial influence over judicial decision-making by justices eligible for another term on the bench. I test this proposition on an exhaustive set of state supreme court criminal appeals from 1995 to 2010, and show that votes by justices who need to be reappointed covary with executive preferences, and more than votes by justices ineligible for reappointment. These effects are stable across time within a justice’s term so long as the serving governor may one day be their reappointer. I also show that these shifting individual votes lead to changes in outcomes for defendants.

scholarly journals Artificial intelligence and adjudication: some perspectives

Amicus Curiae ◽  
2019 ◽  
pp. 2-15
Author(s):  
David M. Masuhara
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Information Technology ◽  
British Columbia ◽  
Supreme Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Judicial Procedure

In this article the Hon Mr Justice David M. Masuhara, Supreme Court of British Columbia, briefly explores views that would be supportive of AI in the adjudicative process and those that would not. The author starts with a brief description of judicial decision-making and AI and then identifies and discusses the views and then offers dome comments on what an AI adjudication system might look like. Index keywords: Artificial Intelligence, AI, Judicial procedure, Courts, Information technology

scholarly journals Campaign Contributions and Judicial Behavior

2002 ◽  
Vol 23 ◽  
pp. 261-274 ◽  
Author(s):  
Damon M. Cann
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Judicial Behavior ◽  
Campaign Contributions ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Using Data

Many states select judges using competitive elections. Proponents of appointment plans contend that judicial candidates may be tempted to grant favors to lawyers who donate to their campaigns, thus compromising the independence of the judiciary. I contend that previous studies have failed to rigorously test the hypothesis that campaign contributions directly affect judicial decision-making. Using data from the 1998 term of the Wisconsin Supreme Court, I show that lawyers who make campaign contributions are no more likely to win cases than lawyers who do not. Furthermore, the data show that judges who are faced by lawyers who contributed large amounts to their campaigns are more likely to recuse themselves.

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