Models and Methods Commons^™

Money, Politics, And Impartial Justice, Joanna Shepherd

Faculty Articles

A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States’ judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …

Are Appointed Judges Strategic Too?, Joanna Shepherd

Faculty Articles

The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the appointive systems of many states by arguing that judges who owed their jobs to politicians could never be truly independent. Because the judiciary could function as a check and balance on the other governmental branches only if it truly were independent of them, the reformers reasoned that only popular elections could ensure a truly independent judiciary. Using a data set of virtually …

Competing Models Of Judicial Coalition Formation And Case Outcome Determination, Tonja Jacobi

Faculty Articles

Forming a coalition on a multi-judge panel involves an inherent trade-off between coalition maximization and ideological outcome optimization. Much scholarship is premised on assumptions about how judges make that trade-off; these assumptions have consequences for how we view and measure judicial decision-making. Specifying these assumptions, formally modeling their effects, and basing measures of judicial behavior on these results offer the potential to improve analysis of judicial decision-making.

This article formally explores three commonly posited modes of judicial decision-making: a minimum winning coalition model, representing attitudinalist views of judicial decision-making; a maximum winning coalition, capturing the effect of norms of joint …

Lack Of A Will Or Of A Way? Taking A Capability Approach For Analysing Disability Policy Shortcomings And Ensuring Programme Impact In Afghanistan, Jean-Francois Trani, Parul Bakhshi, Ayan A. Noor, Ashraf Mashkoor

Brown School Faculty Publications

The present paper attempts to analyse some of the shortcomings that have impeded efforts in the field of disability in Afghanistan. After an overview of recent disability initiatives, this article presents elements that have contributed to the limited impact. The context of a Conflict Affected Fragile State (CAFS) makes particularly intricate the development of state-capacity as well as the delivery of basic services for the population. To overcome identified gaps, it is argued that Amartya Sen’s Capability Approach (CA) constitutes a relevant framework for designing disability policy and implementation. While the definition of human development has evolved considerably over the …

Knowing When To Trust Others: An Erp Study Of Decision-Making After Receiving Information From Unknown People, Cheryl Boudreau, Mathew D. Mccubbins, Seana Coulson

Faculty Scholarship

To address the neurocognitive mechanisms that underlie choices made after receiving information from an anonymous individual, reaction times (Experiment 1) and event-related brain potentials (Experiment 2) were recorded as participants played 3 variants of the Coin Toss game. In this game, participants guess the outcomes of unseen coin tosses after a person in another room (dubbed “the reporter”) observes the coin toss outcomes and then sends reports (which may or may not be truthful) to participants about whether the coins landed on heads or tails. Participants knew that the reporter's interests either were aligned with their own (Common Interests), opposed …

Mahmood Monshipouri On Political Participation In The Middle East. Edited By Ellen Lust-Okar And Saloua Zerhouni. Boulder, Co: Lynne Rienner Publishers, 2008. 286pp., Mahmood Monshipouri

Human Rights & Human Welfare

A review of:

Political Participation in the Middle East. Edited by Ellen Lust-Okar and Saloua Zerhouni. Boulder, CO: Lynne Rienner Publishers, 2008. 286pp.