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Journal articles on the topic 'Judicial ideology'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

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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2

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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3

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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4

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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5

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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7

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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8

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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11

Letnar Černič, Jernej. "Authoritarian Dimension of Judicial Ideology of the Slovenian Constitutional Court." Hrvatska i komparativna javna uprava 20, no. 4 (2020): 733–60. http://dx.doi.org/10.31297/hkju.20.4.6.

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After the democratization and independence of Slovenia, the Constitutional Court has generated the paradigm reform in the Slovenian constitutional system by protecting individual rights against the heritage of the former system. The constitutional judges are not blank slates, but individuals embedded in their private and professional environments. In the past three decades, the Court has delivered several seminal decisions concerning the protection of the rule of law, human rights, and constitutional democracy. What motivates constitutional judges to protect individual rights in some cases and

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Hilbink, Lisa. "The Origins of Positive Judicial Independence." World Politics 64, no. 4 (2012): 587–621. http://dx.doi.org/10.1017/s0043887112000160.

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A number of comparative judicial scholars have argued that assertions of judicial authority are a function of the level of fragmentation/competition in the formal political sphere. Accordingly, in authoritarian or one-party settings, judges should be deferential to power holders, and in places where political power is divided between branches and/or parties, one would expect to see greater levels of judicial assertiveness. Through a longitudinal, qualitative analysis of one most-likely case (Chile) and one least-likely case (Franco-era Spain) and drawing on a half-dozen other cases from the co

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Han, Zhengrui, Vijay K. Bhatia, and Yunfeng Ge. "The structural format and rhetorical variation of writing Chinese judicial opinions." Pragmatics. Quarterly Publication of the International Pragmatics Association (IPrA) 28, no. 4 (2018): 463–88. http://dx.doi.org/10.1075/prag.17013.ge.

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Abstract As Chinese legal system follows a statutory tradition, the writing of Chinese judicial opinions is normally considered as an invariant sequential process of stating the law, presenting the fact, and finally providing the conclusion. The official ideology is further reinforced by the fact that Chinese judges need to follow various authoritative writing guidelines and templates prescribed by the official bodies of legal profession. This paper examines to what extent this ideology is a trustworthy description, and to what extent it is only an imagined myth related to the rhetorical pract

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Helland, Eric. "The Role of Ideology in Judicial Evaluations of Experts." Journal of Law and Economics 62, no. 4 (2019): 579–611. http://dx.doi.org/10.1086/705838.

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Miller, Andrea L. "Expertise Fails to Attenuate Gendered Biases in Judicial Decision-Making." Social Psychological and Personality Science 10, no. 2 (2018): 227–34. http://dx.doi.org/10.1177/1948550617741181.

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Although the influence of gender ideology on lay decision-making has been established, it is not known to what extent expertise may mitigate gendered biases and improve decision-making quality. In a set of controlled experiments, trial court judges and laypeople evaluated a hypothetical child custody case and a hypothetical employment discrimination case. The role of expertise was tested in two ways: by comparing judges’ and laypeople’s decision-making and by examining relative differences in expertise among judges. Judges were no less influenced by litigant gender and by their own gender ideo

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Graves, Scott. "Competing Interests in State Supreme Courts: Justices' Votes and Voting Rights." American Review of Politics 24 (November 1, 2003): 267–83. http://dx.doi.org/10.15763/issn.2374-7781.2003.24.0.267-283.

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The presidential election of 2000 put a spotlight on the substantial opportunities for judicial involvement in the electoral process and the potential for partisan and ideological preferences to conflict in judicial choices. Building on recent scholarship analyzing the influence of institutions and preferences on state supreme court decision-making, I hypothesize that in cases involving voting rights decisions the partisan affiliation of justices rather than ideology contributes to justices’ voting behavior. Using data from the State Supreme Court Data Project and other data, I test the compar

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Curry, Brett, and Banks Miller. "Judicial Specialization and Ideological Decision Making in the US Courts of Appeals." Law & Social Inquiry 40, no. 01 (2015): 29–50. http://dx.doi.org/10.1111/lsi.12051.

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We investigate the influence of subject matter expertise, opinion specialization, and judicial experience on the role of ideology in decision making in the courts of appeals in a generalized, as opposed to specialized, setting. We find that subject matter experts and opinion specialists are significantly more likely to engage in ideological decision making than their nonspecialist counterparts and that opinion specialization is a particularly potent factor in ideological decision making. Further, increased judicial experience has no effect on the conditional use of ideology. We discuss the pot

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18

Kennedy, Rebecca Futo. "Justice, Geography and Empire in Aeschylus' Eumenides." Classical Antiquity 25, no. 1 (2006): 35–72. http://dx.doi.org/10.1525/ca.2006.25.1.35.

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Abstract This paper argues that Aeschylus' Eumenides presents a coherent geography that, when associated with the play's judicial proceedings, forms the basis of an imperial ideology. The geography of Eumenides constitutes a form of mapping, and mapping is associated with imperial power. The significance of this mapping becomes clear when linked to fifth-century Athens' growing judicial imperialism. The creation of the court inEumenides, in the view of most scholars, refers only to Ephialtes' reforms of 462 BC. But in the larger context, Athenian courts in the mid-fifth century are a form of i

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19

Segall, Eric J. "Aggressive Judicial Review, Political Ideology, and the Rule of Law." Studia Iuridica 79 (May 12, 2019): 68–77. http://dx.doi.org/10.5604/01.3001.0013.1886.

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Od ponad stu pięćdziesięciu lat Sąd Najwyższy Stanów Zjednoczonych jest najpotężniejszym organem sądowniczym na świecie, złożonym z sędziów mianowanych na całe życie, którzy są uprawnieni do tego, aby podważać przepisy stanowe i federalne bez wyraźnego umocowania w tekście konstytucji lub w zwyczajach. Niniejszy artykuł koncentruje się na tym, jaka powinna być rola sędziów federalnych, nie pochodzących z wyborów. Autor argumentuje, że Sąd Najwyższy Stanów Zjednoczonych powinien zrobić krok do tyłu i oprzeć się bardziej na wyborcach oraz liderach pochodzących z wyborów. Mimo, że reforma struktu

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20

Du, Biyu. "Staging Justice: Courtroom Semiotics and the Judicial Ideology in China." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 29, no. 3 (2015): 595–614. http://dx.doi.org/10.1007/s11196-015-9444-7.

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Harris, Allison P., and Maya Sen. "Bias and Judging." Annual Review of Political Science 22, no. 1 (2019): 241–59. http://dx.doi.org/10.1146/annurev-polisci-051617-090650.

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How do we know whether judges of different backgrounds are biased? We review the substantial political science literature on judicial decision making, paying close attention to how judges' demographics and ideology can influence or structure their decision making. As the research demonstrates, characteristics such as race, ethnicity, and gender can sometimes predict judicial decision making in limited kinds of cases; however, the literature also suggests that these characteristics are far less important in shaping or predicting outcomes than is ideology (or partisanship), which in turn correla

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22

Tachino, Tosh. "Genre, ideology, and knowledge in academic research and public policy." Linguagem em (Dis)curso 10, no. 3 (2010): 595–618. http://dx.doi.org/10.1590/s1518-76322010000300008.

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In the last 30 years genre scholars have explored the ideological dimension of genre, illustrating how genres compel individuals to act in certain ways and how individuals respond to them. This article takes the ideological view of genre and analyzes the problem of knowledge mobilization as an ideological negotiation between research and legal genres. Using Foucault's will to truth and Bhatia's colonization, this case study analyzes one Canadian public inquiry that used psychology research and influenced many legal and policy documents. The analysis of the commission report, transcripts from t

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23

TRAISBACH, KNUT. "A transnational judicial public sphere as an idea and ideology: Critical reflections on judicial dialogue and its legitimizing potential." Global Constitutionalism 10, no. 1 (2021): 186–207. http://dx.doi.org/10.1017/s2045381720000295.

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AbstractThis article sheds a critical light on judicial dialogue when its purpose and meaning are taken beyond cross-fertilization and comparative reasoning. It cautions against a conceptualization of judicial dialogue as a means to foster commonalities between courts and to legitimize judicial governance. The argument develops from an idealized notion of a ‘transnational judicial public sphere’. In this sphere, domestic, regional and international courts ideally form common opinions through dialogue and pursue common purposes. The danger of this understanding is to construct a new paradigm th

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24

Lees, Emma, and Edward Shepherd. "Morphological analysis of legal ideology: locating interpretive divergence." Journal of Property, Planning and Environmental Law 10, no. 1 (2018): 5–16. http://dx.doi.org/10.1108/jppel-12-2017-0041.

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Purpose The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology. Design/methodology/approach The authors explore ideology within law and legal culture. They examine one such ideology – rule of law – and consider how this can shape judicial decision-making. They suggest techniques by which such influences can be identified. Findings The authors make four findings. First, following Freeden, ideology can be understood as a ubiquitous form of political thinking which seeks to fix the meaning

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Grynaviski, Eric, and Amy Hsieh. "Hierarchy and Judicial Institutions: Arbitration and Ideology in the Hellenistic World." International Organization 69, no. 3 (2015): 697–729. http://dx.doi.org/10.1017/s0020818315000090.

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AbstractInternational arbitration is a distinctive feature of both contemporary international politics and the ancient world. Explanations of arbitration in the international relations literature generally posit that states engage in arbitration to mitigate the effects of competition in an anarchical system, or that the practice of arbitration reflects democratic norms. However, an examination of arbitration during the paradigmatic case of the Hellenistic period (338–90bce) casts doubt on the existing literature. Hierarchy rather than anarchy better characterizes the political context in which

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26

Nicolson, Donald. "Ideology and the South African Judicial Process — Lessons from the Past." South African Journal on Human Rights 8, no. 1 (1992): 50–73. http://dx.doi.org/10.1080/02587203.1992.11827852.

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Kalnoy, Igor I. "Ideology in the Main Law of Russia." Russian Journal of Legal Studies (Moscow) 7, no. 2 (2020): 9–14. http://dx.doi.org/10.17816/rjls46408.

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This article discusses the role of ideology behind the basic laws of Russia. The state ideology, or philosophy, determines the vectors of development of the legislative, executive, and judicial authorities, as well as the general direction of the societys development. The imperatives of the Constitution are the attributes of its strategy, the tactics of which are provided by ideology as a system of personal views - a citizen of a particular country on his environment, on his place in it, on his attitude to it. The purpose of the stated article is to investigate the evolution of ideology

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L., Makarenko. "The role of legal ideology and legal doctrine in shaping national legal culture." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 57–63. http://dx.doi.org/10.33663/2524-017x-2020-11-10.

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The article reveals the role of legal ideology and legal doctrine in shaping national legal culture. Stated about the absence in our society of well-established legal ideology and the necessity of its formation and implementation. Especially important is the latter, given the practice of continuous implementation in Ukraine of the constitutional and other «reforms» that only aggravate the situation of legal culture. It is noted that for the formation of legal culture in Ukraine, it is necessary to develop scientifically sound legal doctrine, which should be carried out appropriate legal policy

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Hall, Matthew E. K. "Rethinking Regime Politics." Law & Social Inquiry 37, no. 04 (2012): 878–907. http://dx.doi.org/10.1111/j.1747-4469.2012.01290.x.

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Many recent studies of “regime politics” argue that judicial review is ultimately used to promote the interests of the dominant governing regime. I explore this claim by evaluating whether the invalidation of federal laws by the US Supreme Court fits the empirical expectations of the regime politics approach. I find that the Court frequently invalidates statutes when (1) the ideology of the Court diverges from that of the sitting elected branches (suggesting that the Court does not fear sanctions or nonimplementation), and (2) the ideology of the sitting elected branches converges with that of

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Zschirnt, Simon. "Gay Rights, the New Judicial Federalism, and State Supreme Courts: Disentangling the Effects of Ideology and Judicial Independence." Justice System Journal 37, no. 4 (2016): 348–66. http://dx.doi.org/10.1080/0098261x.2016.1153988.

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Nemytina, Marina V. "Review of a Monograf by V.N. Safonov «Constitutional Law-Making in the US Suprime Court Activity. Historical-Legal Reaserch». Moscow: Prospect Publ., 2018." RUDN Journal of Law 22, no. 3 (2018): 405–8. http://dx.doi.org/10.22363/2313-2337-2018-22-3-405-408.

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The monograph observes the problems of the US Supreme Court law-making activity in sphere of interpreting the federal Constitution. Tendencies of the American constitutional, common and precedent law development are shown in historical and theoretical context. The author studies legal determinations of the US Supreme Court Judges and judicial doctrines basing on them. He also reveals the correlation between the judicial conservatism and activism within the general line of the US legal policy and ideology.

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Windett, Jason H., Jeffrey J. Harden, and Matthew E. K. Hall. "Estimating Dynamic Ideal Points for State Supreme Courts." Political Analysis 23, no. 3 (2015): 461–69. http://dx.doi.org/10.1093/pan/mpv016.

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Courts of last resort in the American states offer researchers considerable leverage to develop and test theories about how institutions influence judicial behavior. One measure critical to this research agenda is the individual judges' preferences, or ideal points, in policy space. Two main strategies for recovering this measure exist in the literature: Brace, Langer, and Hall's (2000, Measuring preferences of state supreme court judges,Journal of Politics62(2):387–413) Party-Adjusted Judge Ideology and Bonica and Woodruff's (2014, A common-space measure of state supreme court ideology,Journa

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Monteiro, Josef Mario. "IMPLIKASI PEMBATASAN YURIDIS PEMBUBARAN PARTAI POLITIK TERHADAP PRINSIP DEMOKRASI." Jurnal Hukum & Pembangunan 40, no. 4 (2010): 488. http://dx.doi.org/10.21143/jhp.vol40.no4.233.

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AbstrakThe dismissal of political party still rises polemic due to its existence in astate having democratic political system which is assumed as a "conditionsine quanon". Nevertheless, based on judicial point of view a political partycan be dismissed if its ideology is opposed to state ideology and abusing thelaw. The dismissal of political party by the constitution supreme court couldonly be carried out based on judicial reasons such as trespassing forbiddenrules as confirmed in the article 40 Act No.2 Of The Year 2008 ConcerningPolitical Party. However, its implementation still rises uncert

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Chisholm, Neil. "The Diffusion of American Judicial Independence Ideology into Taiwan and South Korea." Hague Journal on the Rule of Law 5, no. 02 (2013): 204–28. http://dx.doi.org/10.1017/s1876404512001121.

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Yates, Jeff, Damon M. Cann, and Brent D. Boyea. "Judicial Ideology and the Selection of Disputes for U.S. Supreme Court Adjudication." Journal of Empirical Legal Studies 10, no. 4 (2013): 847–65. http://dx.doi.org/10.1111/jels.12030.

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Reuning, Kevin, Michael R. Kenwick, and Christopher J. Fariss. "Exploring the Dynamics of Latent Variable Models." Political Analysis 27, no. 4 (2019): 503–17. http://dx.doi.org/10.1017/pan.2019.1.

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Researchers face a tradeoff when applying latent variable models to time-series, cross-sectional data. Static models minimize bias but assume data are temporally independent, resulting in a loss of efficiency. Dynamic models explicitly model temporal data structures, but smooth estimates of the latent trait across time, resulting in bias when the latent trait changes rapidly. We address this tradeoff by investigating a new approach for modeling and evaluating latent variable estimates: a robust dynamic model. The robust model is capable of minimizing bias and accommodating volatile changes in

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37

Skvortsov, O. Yu. "THE IDEOLOGY OF THE INVESTMENT LAW REFORM IN CHINA." Lex Russica, no. 11 (November 22, 2019): 146–54. http://dx.doi.org/10.17803/1729-5920.2019.156.11.146-154.

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The paper considers the reform of the Chinese legislation regulating foreign investments carried out in 2019. The author aims to identify the principles on which the reform was based, which took the form of the law on foreign investment. The methods of comparative analysis of accepted norms and those norms that have been audited were used. The revealed principles were analyzed from the point of view of their system. As a result of the analysis, the author comes to the conclusion about the fundamental principle underlying the reform — the principle of openness. However, the specification of thi

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CHILTON, BRADLEY STEWART, and DAVID C. NICE. "Triggering Federal Court Intervention in State Prison Reform." Prison Journal 73, no. 1 (1993): 30–45. http://dx.doi.org/10.1177/0032855593073001003.

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What “triggers” federal court intervention in prison reform litigation? The authors present a causal model of federal judicial intervention in the prison reform litigation of 48 states (all except Alaska and Hawaii). From analysis of variables posited by numerous qualitative case studies to be critical, the causal model indicates that federal court intervention in state prison systems can be correlated to various factors, including political ideology, socioeconomic factors, and the “problem environment” of state prison conditions. The authors offer the analysis in the hope that it will stimula

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Perino, Michael A. "Law, Ideology, and Strategy in Judicial Decision Making: Evidence from Securities Fraud Actions." Journal of Empirical Legal Studies 3, no. 3 (2006): 497–524. http://dx.doi.org/10.1111/j.1740-1461.2006.00077.x.

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Vieira, Norman, and Leonard E. Gross. "The appointments clause: Judge Bork and the role of ideology in judicial confirmations." Journal of Legal History 11, no. 3 (1990): 311–52. http://dx.doi.org/10.1080/01440369008531010.

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Miles, Thomas J. "Do Attorney Surveys Measure Judicial Performance or Respondent Ideology? Evidence from Online Evaluations." Journal of Legal Studies 44, S1 (2015): S231—S267. http://dx.doi.org/10.1086/682697.

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Feitosa, Juliana Biazze, and Maria Lúcia Boarini. "The Defense of Socio-Educational Internment: Feature of the Hygienist Principles." Paidéia (Ribeirão Preto) 24, no. 57 (2014): 125–33. http://dx.doi.org/10.1590/1982-43272457201415.

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Youth violence and interventions to affront it are the focus of our scientific research. The aim of this study is evaluate the existence of the aspects contained in the justifications of hygienism judgments of teenagers who meet admission youth work. In this sense, we 21 sentences that determined the internment and its supporting materials which makes up the judicial process of teenagers that have entered the year 2010 in the Center of Socio-education II in Cascavel Paraná State. The results led us to conclude that nowadays, notwithstanding the Children and Adolescent, we are still, by judicia

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Lippi-Green, Rosina. "Accent, standard language ideology, and discriminatory pretext in the courts." Language in Society 23, no. 2 (1994): 163–98. http://dx.doi.org/10.1017/s0047404500017826.

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ABSTRACTTitle VII of the U.S. Civil Rights Act clearly forbids an employer to discriminate against persons of color for reasons of personal or customer preference. Similarly, a qualified job applicant may not be rejected on the basis of linguistic traits linked to national origin. In contrast to racial discrimination, however, an employer has considerable latitude in matters of language, provided in part by a judicial system which recognizes in theory the link between language and social identity, but in practice is often confounded by blind adherence to a standard language ideology. The natur

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LAUDERDALE, BENJAMIN E., and TOM S. CLARK. "The Supreme Court's Many Median Justices." American Political Science Review 106, no. 4 (2012): 847–66. http://dx.doi.org/10.1017/s0003055412000469.

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One-dimensional spatial models have come to inform much theorizing and research on the U.S. Supreme Court. However, we argue that judicial preferences vary considerably across areas of the law, and that limitations in our ability to measure those preferences have constrained the set of questions scholars pursue. We introduce a new approach, which makes use of information about substantive similarity among cases, to estimate judicial preferences that vary across substantive legal issues and over time. We show that a model allowing preferences to vary over substantive issues as well as over time

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Ingram, Matthew C. "Crafting Courts in New Democracies: Ideology and Judicial Council Reforms in Three Mexican States." Comparative Politics 44, no. 4 (2012): 439–58. http://dx.doi.org/10.5129/001041512801282988.

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Ingram, M. C. "Elections, Ideology, or Opposition? Assessing Competing Explanations of Judicial Spending in the Mexican States." Journal of Law, Economics, and Organization 29, no. 1 (2012): 178–209. http://dx.doi.org/10.1093/jleo/ewr028.

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BOX-STEFFENSMEIER, JANET M., DINO P. CHRISTENSON, and MATTHEW P. HITT. "Quality Over Quantity: Amici Influence and Judicial Decision Making." American Political Science Review 107, no. 3 (2013): 446–60. http://dx.doi.org/10.1017/s000305541300021x.

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Interest groups often make their preferences known on cases before the U.S. Supreme Court via amicus curiae briefs. In evaluating the case and related arguments, we posit that judges take into account more than just the number of supporters for the liberal and conservative positions. Specifically, judges’ decisions may also reflect the relative power of the groups. We use network position to measure interest group power in U.S. Supreme Court cases from 1946 to 2001. We find that the effect of interest group power is minimal in times of heavily advantaged cases. However, when the two sides of a

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Ahl, Björn. "The Politicization of the Chinese National Judicial Examination, 2007–2012." Modern China 44, no. 2 (2017): 208–40. http://dx.doi.org/10.1177/0097700417737720.

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The introduction of a unified judicial examination marked an important step toward legal professionalization in China. Following a conservative turn in judicial reforms between 2007 and 2012, political content was included in the exam. On the basis of exam texts, model answers, and legal and other documents, this article investigates the content of political questions on the judicial exam. The analysis of exam questions reveals the party-state’s perception of the law-politics nexus and the significance of the political content of the exam for aspiring legal professionals. Candidates learn that

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Zemánek, Jiří. "The Emerging Czech Constitutional Doctrine of European Law." European Constitutional Law Review 3, no. 3 (2007): 418–35. http://dx.doi.org/10.1017/s157401960700418x.

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Influence of the Czech accession to the European Union on the judicial ideology of Czech courts – Questions regarding the constitutional status of European Union law in the Czech Republic – Czech Constitutional Court: no testing of so-called necessitated implementing provisions, except when core constitutional values and principles are at stake – Extension of this doctrine to non-Community Union law – An act contrary to Union law is not as such also contrary to the Czech Constitution

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Porat, Iddo. "On the Jehovah's Witnesses Cases, Balancing Tests, and Three Kinds of Multicultural Claims." Law & Ethics of Human Rights 1, no. 1 (2007): 429–50. http://dx.doi.org/10.2202/1938-2545.1012.

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The Jehovahs Witnesses cases of the late 1930s and early 1940s presented some of the first instances of American Supreme Courts attempts to grapple with the challenges of a multicultural society. Taken as a whole, these cases represented a favorable position towards minorities claims, even to some extent a path breaking one. The Jehovahs Witnesses cases were a precursor of the Courts growing involvement in the protection of minorities rights, which colored the entire second half of the 20th century. They further introduced a new language, and new judicial forms into constitutional jurisp

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