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Full-Text Articles in Law
The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi
The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi
Faculty Publications
Much has been written recently about the emergence of evangelicals and others often labeled the "new Religious Right" in American politics. However, little attention has been paid to whether officials who have been socialized in the denominations characterized as being part of this Religious Right actually behave differently in office from those brought up in other religious traditions. The present study begins such an inquiry by examining differences in the voting behavior of state supreme court justices in three issue areas. Evangelical justices were found to be significantly more conservative than mainline Protestant, Catholic, and Jewish justices in death penalty, …
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Faculty Publications
Administrative agencies play a substantial role in the formulation and implementation of national policy Central to this role is their exercise of discretion. A normative consensus exists that such discretion should be constrained by administrative deference to the rule of law. The courts of appeals are expected to insure that such discretion is constrained. The analysis reported below examines how effectively they fulfill that expectation The findings suggest that agency success is related to political considerations, with agencies being successful when their decisions are consistent with the policy preferences of the judges. However, variables that captured elements of the legal …
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
Faculty Publications
This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …
A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire
A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire
Faculty Publications
Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Faculty Publications
No abstract provided.
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
Faculty Publications
Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.
Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer
Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer
Faculty Publications
No abstract provided.