Download Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley PDF
By Pamela C. Corley
While justices write or subscribe to a concurring opinion, they show their personal tastes over considerable felony ideas. Concurrences offer a fashion for justices to precise their perspectives in regards to the legislations, to interact in a discussion of legislation with one another, the criminal group, the general public, and Congress. this crucial learn is the 1st systematic exam of the content material of perfect court docket concurrences. whereas past paintings on perfect courtroom determination making focuses completely at the consequence of situations, Pamela C. Corley tackles the content material of preferrred court docket concurring critiques to teach the reasoning in the back of every one justice’s selection. utilizing either qualitative and quantitative tools of research, Concurring Opinion Writing at the U.S. best court docket deals a wealthy and distinct portrait of judicial selection making via learning the method of opinion writing and the formation of criminal doctrine throughout the specified lens of concurrences.
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Extra resources for Concurring Opinion Writing on the U.S. Supreme Court
0%) Unnecessary 32 42 35 52 9 14 53 47 76 27 387 Total (100%) Why Justices Write or Join 33 estimator when the dependent variable is a nominal variable with multiple categories (Long and Freese 2001). Because this technique estimates the likelihood that an action will be chosen compared with another alternative, which serves as a base, it provides six sets of estimates. In this model, joining the majority opinion serves as the base. 3 summarizes the results, indicating which variables did, in fact, inﬂuence the type of concurrence written and the direction of the substantive effect.
She concludes that the concurrence can serve as an “instrument of judicial discourse,” allowing “at once the principled expression of divergent views and the occupation of common ground” (Ray 1990, 831). 8 This typology is based on the categories described by Witkin (1977) and Ray (1990). I discuss each category below and provide examples of how each type is used in Supreme Court decision making. The ﬁrst category, the expansive concurrence, attempts to expand the holding or to supplement the reasoning of the majority opinion.
The case-speciﬁc variables are good predictors of the likelihood of the types of concurrences written or joined by the justices. As the number of issues and legal provisions increases, limiting, emphatic, or doctrinal concurrences are more likely. Important cases, both politically important and legally important, are related to the types of concurrences. Additionally, if a case involves a minimum winning coalition, the majority opinion writer is more likely to bargain with the justice, leading to a decreased likelihood of limiting or doctrinal concurrences.