Academic literature on the topic 'Judicial ideology'

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Journal articles on the topic "Judicial ideology"

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Bonica, Adam, and Maya Sen. "Estimating Judicial Ideology." Journal of Economic Perspectives 35, no. 1 (2021): 97–118. http://dx.doi.org/10.1257/jep.35.1.97.

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We review the substantial literature on estimating judicial ideology, from the US Supreme Court to the lowest state court. As a way to showcase the strengths and drawbacks of various measures, we further analyze trends in judicial polarization within the US federal courts. Our analysis shows substantial gaps in the ideology of judges appointed by Republican Presidents versus those appointed by Democrats. Similar to trends in Congressional polarization, the increasing gap is mostly driven by a rightward movement by judges appointed by Republicans. We conclude by noting important avenues for fut
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Johnston, Christopher D., Maxwell Mak, and Andrew H. Sidman. "On the Measurement of Judicial Ideology." Justice System Journal 37, no. 2 (2015): 169–88. http://dx.doi.org/10.1080/0098261x.2015.1084249.

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Varat, Jonathan D., and Richard A. Posner. "Economic Ideology and the Federal Judicial Task." California Law Review 74, no. 2 (1986): 649. http://dx.doi.org/10.2307/3480326.

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Schuck, Peter H. "The New Judicial Ideology of Tort Law." Proceedings of the Academy of Political Science 37, no. 1 (1988): 4. http://dx.doi.org/10.2307/1174049.

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Kodikara, Chulani. "Battered Wives or Dependent Mothers? Negotiating Familial Ideology in Law." Violence Against Women 24, no. 8 (2017): 901–21. http://dx.doi.org/10.1177/1077801217724452.

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More than a decade after its passing, Sri Lanka’s Prevention of Domestic Violence Act (PDVA) remains a remedy of last resort for female survivors of intimate partner violence, as there is little support to take on a rights-defined identity as a battered woman both inside and outside the courtroom. However, large numbers of women are accessing the Maintenance Act of 1999 to exit violent relationships without the censure and stigma that attaches to the PDVA. The key to understanding this phenomenon is to consider how familial ideology works in unpredictable ways within the Sri Lankan judicial sy
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Banks, Christopher P. "IDEOLOGY AND JUDICIAL DEFERENCE IN THE D.C. CIRCUIT." Southeastern Political Review 26, no. 4 (2008): 861–88. http://dx.doi.org/10.1111/j.1747-1346.1998.tb00513.x.

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EIDELWEIN SILVEIRA, GABRIEL, Denise Regina Quaresma da Silva, Paulo José Libardoni, and Tamires Eidelwein. "Judicial Marxism." International Journal for Innovation Education and Research 8, no. 4 (2020): 527–35. http://dx.doi.org/10.31686/ijier.vol8.iss4.2305.

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This article discusses the “judicial marxism”, which was characterized by the actuation of judges who have learned their ideology among student movements and labor unions. Brazilian Labor Justice was created in the 40s, but the true Labor Law charismatic founders were the hyper politicized generation of labor judges, stood out in the 80s and the 90s, when Marxist labor judges held their position, in the field, against the traditional view of a neutral and impartial judge in the Montesquieu style. It’s known that judges who are politically oriented to Marxism produce “garantist” discourses (in
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Strayhorn, Joshua A. "Competing signals in the judicial hierarchy." Journal of Theoretical Politics 31, no. 3 (2019): 308–29. http://dx.doi.org/10.1177/0951629819850626.

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Political principals often face information deficits. This is especially true of the US judicial hierarchy; extant theories of ideological monitoring in this setting have therefore explored informational cues such as lower court ideology or dissent. Canonical models of this setting, however, have omitted litigants, implicity assuming they are not an important source of information. This paper develops a formal model that considers whether litigants can credibly signal information about noncompliance, and how litigants’ signals interact with the cues of ideology and dissent. The model shows tha
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Božič, Tilen Štajnpihler. "Precedent Ideology and Judicial Legitimacy in Slovenia – An Outline." Studia Iuridica Lublinensia 27, no. 1 (2018): 143. http://dx.doi.org/10.17951/sil.2018.27.1.143.

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Urquhart, Ian T. "Federalism, Ideology, and Charter Review: Alberta's Response to Morgentaler." Canadian journal of law and society 4 (1989): 157–73. http://dx.doi.org/10.1017/s0829320100001575.

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In the inaugural volume of this journal Peter Russell of the Department of Political Science at the University of Toronto noted that the political science community, after nearly fifty years of blindness to judicial power, had begun to regain an appreciation of the courts' political significance. Despite this reawakening, certain legal subjects very germane to political science still tend to be the preserve of legal academics. One such subject is judicial review, more specifically the impact of judicial review upon policy outcomes. To date, arguably the most detailed and valuable commentary on
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Dissertations / Theses on the topic "Judicial ideology"

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Weiden, David Lee. "Judicial decision-making in comparative perspective ideology, law and activism in constitutional courts /." [Austin, Tex. : University of Texas Libraries, 2007. http://www.lib.utexas.edu/etd/d/2007/weidend45079/weidend45079.pdf#page=3.

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Thomas, Jerry D. "LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS." UKnowledge, 2010. http://uknowledge.uky.edu/gradschool_diss/115.

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The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law. This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of App
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Martins, Rodrigo. "Pontos de divergência: Supremo Tribunal Federal e comportamento judicial." Universidade de São Paulo, 2018. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-06022019-131330/.

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O Supremo Tribunal Federal (STF) é uma das instituições mais importantes do país, e tem recebido cada vez mais atenção da sociedade brasileira. Ano a ano, a corte é acionada para julgar dezenas de milhares de casos, muitos deles com impacto direto na vida econômica, política e social do país. Investigar quais são os fatores que influenciam o comportamento dos ministros do STF é fundamental para compreendermos o processo de tomada de decisões do Tribunal. Apesar de existirem estudos importantes sobre o resultado das ações de controle de constitucionalidade, ainda existe espaço para estudar o co
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Nicolson, Donald James. "Ideology in the South African judicial process : activism and restraint in review for abuse of discretion." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.315011.

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Craig, McKinzie King Kimi Lynn. "Rubber stamps and litmus tests the president, the senate, and judicial voting behavior in abortion cases in the U.S. federal district courts /." [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-3985.

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SULOCKI, VICTORIA AMALIA DE BARROS CARVALHO GOZDAWA DE. "MUSEUM OF NEWS: DISCOURSES OF THE SOCIAL DEFENSE IDEOLOGY IN THE JUDICIAL DECISIONS IN THIS BEGINNING OF THE XXI CENTURY." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=18810@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O presente trabalho investiga a hipótese de que o Direito Processual Penal, quando de sua instrumentalização na prática diária dos Tribunais, estaria com sua função, ao menos a declarada, de instrumento de defesa do acusado, suas liberdade e autonomia, e de resolução do conflito penal com vistas à produção da paz e do entendimento, desvirtuada para realização de uma intervenção penal mais gravosa, amparada nas idéias de defesa social e do eficientismo penal, transformando-se assim em mais um aparato de segurança pública de viés autoritário.
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Linardi, Rafael da Cruz Gouveia. "Ideologia e Poder Judiciário: um processo histórico de construção de valores." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/20648.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-12-07T11:14:12Z No. of bitstreams: 1 Rafael da Cruz Gouveia Linardi.pdf: 1538183 bytes, checksum: 77dd40ae9abacc65fa27facf855253bc (MD5)<br>Made available in DSpace on 2017-12-07T11:14:12Z (GMT). No. of bitstreams: 1 Rafael da Cruz Gouveia Linardi.pdf: 1538183 bytes, checksum: 77dd40ae9abacc65fa27facf855253bc (MD5) Previous issue date: 2017-11-21<br>This dissertation examines law from an essentially cultural perspective, that is, as a phenomenon arising from the gradual construction of values in the course of history. Among the so
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Craig, McKinzie. "Rubber Stamps and Litmus Tests: The President, the Senate, and Judicial Voting Behavior in Abortion Cases in the U.S. Federal District Courts." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3985/.

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This thesis focuses on how well indicators of judicial ideology and institutional constraints predict whether a judge will vote to increase abortion access. I develop a model that evaluates a judge's decision in an abortion case in light of ideological factors measured at the time of a judge's nomination to the bench and legal and institutional constraints at the time a judge decides a case. I analyze abortion cases from all of the U.S. Federal District Courts from 1973-2004. Unlike previous studies, which demonstrate that the president and the home state senators are the best predictors of ju
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Lellis, Lélio Maximino. "O texto nos acórdãos dos tribunais." Pontifícia Universidade Católica de São Paulo, 2008. https://tede2.pucsp.br/handle/handle/14538.

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Made available in DSpace on 2016-04-28T19:34:31Z (GMT). No. of bitstreams: 1 Lelio Maximino Lellis.pdf: 1775869 bytes, checksum: d2738773093341ca5a8b26c14f3712ec (MD5) Previous issue date: 2008-10-22<br>The knowledge of attributes of deciding texts of the judicial collective sentence genre (Acórdão genre) and, on this account, with characteristics of the Judiciary, especially those related to enunciative subjectivity, assume the choice of the corpus to be investigated, the configuration of the textual generic system in which the object of study is inserted and the elaboration of the linguist
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Lindquist, Andrew. "Can the Priest-Klein Model Explain the Falling Plaintiff Win Rate?" Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2213.

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The Priest-Klein model predicts that a decline in the plaintiff win rate might be explained by a change in stake asymmetry that favors the plaintiff; that is, the stakes for defendants increase. This lowers the plaintiff win rate because defendants increasingly look to settle cases they are less likely to win, leading them to only go to trial with cases they have a comparably higher probability of winning. We theorize a shift like this might have occurred between 1985 and 1995, as Lahav and Siegelman (2017) recently discovered that the plaintiff win rate fell from almost 70% in 1985 to just ov
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Books on the topic "Judicial ideology"

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author, Waterman Richard W., ed. Checking the courts: Law, ideology, and contingent discretion. State University of New York Press, 2014.

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Political literacy: Rhetoric, ideology, and the possibility of justice. State University of New York Press, 1994.

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Minda, Gary. Boycott in America: How imagination and ideology shape the legal mind. Southern Illinois University Press, 1999.

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Shotwell, C. B. When labels fail: Politics, values, and ideology on the Supreme Court. Xlibris Co., 2007.

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Ideology in the language of judges: How judges practice law, politics, and courtroom control. Oxford University Press, 1998.

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Albuquerque, Mario Pimentel. O órgão jurisdicional e a sua função: Estudo sobre a ideologia, aspectos críticos e o controle do Poder Judiciário. Malheiros Editores, 1997.

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The legal ideology of removal: The southern judiciary and the sovereignty of Native American nations. University of Georgia Press, 2002.

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Instituto Brasileiro de Ciências Criminais. Decisões judiciais nos crimes de roubo em São Paulo: A lei, o direito e a ideologia. IBCCRIM, 2005.

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Judicial Selection Merit Ideology and Politics. National Legal Center for the, 1990.

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Segal, Jeffrey A. Ideology and Partisanship. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.2.

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The question of whether partisan or ideological preferences influence judicial decision-making has been the subject of numerous studies. Due to the strong correlation between party and ideology, scholars have often chosen to examine the combined effects of party and ideology. Recently, however, and in spite of the fact that correlation between party and ideology is growing, scholars have begun to investigate the independent effects of party and ideology by studying a unique group of election law cases, where partisan and ideological considerations often conflict. There has also been an emergin
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Book chapters on the topic "Judicial ideology"

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Bailey, Michael A. "Measuring Ideology on the Courts." In Routledge Handbook of Judicial Behavior. Routledge, 2017. http://dx.doi.org/10.4324/9781315691527-5.

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Wróblewski, Jerzy. "The Ideology of Bound Judicial Decision-Making." In Law and Philosophy Library. Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8050-2_12.

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Wróblewski, Jerzy. "The Ideology of Free Judicial Decision-Making." In Law and Philosophy Library. Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8050-2_13.

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Wróblewski, Jerzy. "The Ideology of Legal and Rational Judicial Decision-Making." In Law and Philosophy Library. Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8050-2_14.

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Dumas, Marion. "Detecting Ideology in Judicial Language." In Law as Data. SFI Press, 2019. http://dx.doi.org/10.37911/9781947864085.14.

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Epstein, Lee, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal. "Ideology and the Study of Judicial Behavior." In Ideology, Psychology, and Law. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199737512.003.0027.

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Yves, Dezalay. "French Judicial Ideology in Working-Class Divorce." In Sexual Divisions and Society. Routledge, 2018. http://dx.doi.org/10.4324/9781351042949-5.

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Xu, Xiaoqun. "The Rule of Law, Judicial Independence, and Due Process." In Heaven Has Eyes. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190060046.003.0006.

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Chapter 5 examines the continuation of the legal-judicial reform and its achievements and limitations under the Beijing government (1912–1927) and the Guomindang (GMD, or Nationalist Party) government (1927–1949). The Beijing government tried to implement an ambitious reform plan but failed to materialize it completely due to a lack of resources, among other problems. The GMD continued the reform but also instituted practices particular to its ideology of ruling the country through the party, including the invention of political offenses and their punishments through special laws and special courts. The durability of positive reform outcomes in those years is shown in the way the Chinese judiciary functioned in the Japanese-occupied territories during the Second Sino-Japanese War (1937–1945).
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McConville, Mike, and Luke Marsh. "The Politics of the Judiciary." In The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.003.0010.

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A foundational theme of this chapter is the refutation of the generalized claim that judges are ‘independent’ and free from political influence. In reconsidering the institutional realities of judicial independence, it contests the views and theories advanced by leading commentators whom have sought to show that judges are ‘political’, not least Professor J A G Griffith in his seminal, The Politics of the Judiciary. Other theorists considered include Alan Paterson, Robert Stevens, David Robertson, and Harry Annison. The chapter critically reviews the strengths and weaknesses of such theories and demonstrates instead how the ‘political’ character of judges may be explicated by empirical data drawn from internal governmental files rather than previously favoured methodologies. Contrary to these widely adopted accounts, this chapter posits that throughout the last century, a cadre of senior judges in criminal cases have been overtly political in a way previously not understood. Senior judges, it is argued, have had a dynamic involvement in building state institutions and state ideology: working in secret with the executive in formulating policing policies, initiating far-reaching change in the political economy of criminal justice, and setting the agenda for successive legislative interventions, underpinned by a state bias, having held back rights for suspects and defendants and commandeered the process of subjugating the Bar.
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Devins, Neal, and Lawrence Baum. "Elites, Ideology, and the Rise of the Modern Court." In The Company They Keep. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197539156.003.0003.

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This chapter tracks the period up to 1985, a time when ideology was less relevant to judicial appointments and there was not a well-established conservative legal network. Limited polarization meant that there were liberal Republicans and conservative Democrats. It also meant that presidents paid less attention to ideology when nominating Justices and that Justices responded to elite groups that were not divided along ideological lines. During the New Deal, for example, Democrat and Republican elites backed economic regulation but were sharply split on civil rights and liberties. During the 1950s to 1980s, elite Democrats and Republicans leaned to the left; for this very reason, moderately conservative Justices became increasingly liberal during their tenure on the Court.
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Conference papers on the topic "Judicial ideology"

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Reshetnikova, I. V., and Y. A. Tsaregorodtseva. "Judicial Reconciliation is a New Direction in the Development of the Ideology of Peaceful Settlement of Disputes." In XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200321.094.

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