Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Advocacy (2)
- Empirical legal studies (2)
- Oral argument (2)
- Polarization (2)
- Criminal law (1)
-
- Decision-making (1)
- Double jeopardy (1)
- Empirical (1)
- Excessive fines (1)
- Humor (1)
- Ideology (1)
- Ineffective assistance of counsel (1)
- Judges (1)
- Judicial Politics (1)
- Judicial behavior (1)
- Judicial decision-making (1)
- Jury selection (1)
- Justice Kennedy (1)
- Justices of the Supreme Court (1)
- Laughter (1)
- Racial discrimination (1)
- Retirement (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Do Justices Time Their Retirements Politically: An Empirical Analysis Of The Timing And Outcomes Of Supreme Court Retirements In The Modern Era, Christine Chabot
Do Justices Time Their Retirements Politically: An Empirical Analysis Of The Timing And Outcomes Of Supreme Court Retirements In The Modern Era, Christine Chabot
Faculty Publications & Other Works
As the rampant speculation preceding Justice Kennedy's retirement made clear, it is difficult to predict when Justices will retire. Justices often defy the conventional wisdom that a Justice is more likely to retire when the president and Senate share the Justice's ideology. For example, Justice Ginsburg chose to remain on the Court rather than retire during President Obama's terms. Her choice is not unusual. Since 1954, a majority of similarly situated Justices refused to retire. In light of this behavior, it is no surprise that existing studies struggle to explain Justices' retirement decisions and disagree on whether political factors predict …
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
Faculty Publications & Other Works
No abstract provided.
Taking Laughter Seriously At The Supreme Court, Matthew Sag
Taking Laughter Seriously At The Supreme Court, Matthew Sag
Faculty Publications & Other Works
Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court's serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter. The performative nature of courtroom humor is apparent …
He New Oral Argument: Justices As Advocates, Matthew Sag, Tonja Jacobi
He New Oral Argument: Justices As Advocates, Matthew Sag, Tonja Jacobi
Faculty Publications & Other Works
This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …