Abstract-this paper analyzes the extent of agency discretion under different assumptions concern- ing judicial review: a) discrete judicial decision making b) multi-member courts c) decision costs at the courts d) multi-layer judiciary the main results of this paper are: a) discrete judicial decision making and decision. In 1963 joseph tanenhaus and associates proposed a cue theory to explain how the supreme court reaches decisions on whether or not to grant certiorari1 this theory suggests that the justices use case charac- teristics such as the appearance of the federal government as an appel- lant, civil liberties as an issue ,. Justice's desire to reverse lower court decisions some of the first agenda-setting studies analyzed whether ''cue theory'' explained cert votes (tanenhaus schick, and rosen 1963) the theory held that jus- tices look for certain cues that signal petitions worthy of review, filtering them from frivolous petitions later scholars. Pound, the theory o] judicial decision, 36 harv l rev hence a court cannot avoid decision an assumed refusal to decide is, in the most realistic of senses, a decision for the defendant and if this seems ob- vious, even naive, let me add- what seems rather from the upper court decisions all the courts get their cue. In recent years, many of the most vocal proponents of law and economics have been appointed to the bench, including richard posner, guido calabresi, and frank e. Understanding the conditions under which the supreme court sets its agenda is crucial to understanding supreme court behavior after all, before the justices make any decision on the merits of a case, they must first decide whether to hear it at all this chapter analyzes supreme court agenda-setting it begins by. Law and theory understanding collegiality on the court frank b cross emerson h tiller while the merits of collegiality are often invoked, it is not court's decision' for judge coffin, collegiality requires open- minded responsiveness to the opinions of panel colleagues it may be chilled by comments. 2009 the intersection of judicial attitudes and litigant selection theories: explaining us supreme court decision-making jeff yates elizabeth coggins q 749, 761 (1994) 11 barry friedman, taking law seriously, 4 persp on pol 261, 272 (2006) 12 but cf cross, supra note 4 (comparing legal, political,.
Justices are strategic actors this is particularly evident when they change their votes between the original conference on the merits and the court's announcement of the final decision we predict that such voting fluidity may be influenced by strategic policy considerations, justices' uncertainty over issues involved in a case,. Cue for supreme court decisions on certiorari, 41 j pol 1185, 1187 (1979) ( examining importance of potential merits decision as cue for justices' cert votes) s sidney ulmer, william hintze & louise kirklosky, the decision to grant or deny certiorari: further consideration of cue theory, 6 law. This is a fundamental step in the judicial process, as the supreme court cannot establish precedent and affect policy change without first deciding to review cue theory was a necessary initial step in advancing the research on the supreme court's agenda-setting process, and it ushered in a new line of research on the. Skin, and daniel rosen, the supreme court's certiorari jurisdiction: cue theory in glendon schubert, ed, judicial decision-making (glencoe: free press, 1963), 113-115 3 gerhard casper and richard a posner, the workload of the supreme court (chicago: american bar foundation, 1967), 65-66.
And presented in a theoretical framework called dangerous decisions theory ( ddt) the critical role of to assess the information influencing judicial credibility assessment decisions in order to highlight the factors useful to emphasize to legal decision makers that stereotypical cues to deception are not useful instead of. The theory that appellate court behavior may be explained in part by what social scientists know generally about the decision-making process of small groups of any kind also the initial vote and cues are operating, commonalities between center justices (place of search, prior justification, party to suit). Martin shapiro, stability and change in judicial decision-making: incrementalism or stare decisis, 2 law transition q 134 (1965) can in fact be comprehended in one of the general theories of decision-making 61 assume here that appellate court decisions do typically involve judicial law-making or at least the.
Choices in this area-how it determines who receives access to its review processes and who is denied-is the focus of this short paper basically, we offer additional data and analyses bearing on the cue theory developed earlier by joseph tanenhaus and his colleagues to explain court response to certiorari applica- tions. Certiorari decision making by the warren and burger courts: is cue theory time bound, 15 polity 141, 149 (1982) (finding that in civil liberties and economic cases, the conservative burger court “consistently accepted more petitions involving liberal lower court decisions than those involving conservative lower court. Decision-making techniques various supreme court scholars have investigated the techniques used by the justices or their law clerks in making the certiorari decision tanenhaus and his colleagues based their development of cue theory on several assumptions, including that certiorari petitions are so sizable and so.
The supreme court's certiorari jurisdiction: cue theory in judicial decision making, ed glendon schubert (glencoe: the free press, 1963), 111-132 2 s sidney ulmer, william hintze, and louise kirklosky, the decision to grant or deny certiorari: further considerations of cue theory, law and society review. At the same time, leading theories of opinion formation about the supreme court see such partisan source cues play a significant role in shaping public opinion regarding life tenure for the justices and the partisanship and source cues can have on acceptance of the court's decisions still unknown, however, is how.
The court's docket jurisdiction of the supreme court the cases the court will hear is determined by the constitution, federal statutes, and the decisions of the court original jurisdiction case selection cue theory hypothesizes that justices use a few cues to tell them when to grant certiorari five cues have been studied. Historical institutionalism and judicial decision-making - volume 70 issue 1 - erik bleich dyevre, arthur 2010 “unifying the field of comparative judicial politics: towards a general theory of judicial behaviour” european political science review 2, no 2: 297–327 doi: 101017/s1755773910000044.
In media effects: advances in theory and research, edited by: bryant, j and zillman, d 215–268 new york , ny : routledge [google scholar]) in this role, media can set the national agenda through coverage decisions, thus influencing public perception of the importance of. Do law clerks influence the decisions made by justices on the us supreme court although signals from the tenth justice: the political role of the solicitor general in supreme court decision making american journal of the decision to grant or deny certiorari: further considerations of cue theory law & society. Deontological and teleological ethical theories used in court decisions this paper philosophical theory is necessary to identify a judge's judicial philosophy and 20 id at pt 1-11, q 90, art 3 (a law, properly speaking, regards first and foremost the order to the common good) 21 see samuel wells & ben quash,. Other public officials have the power and influence of a presiding judge nevertheless, the process of how judges reach their decisions has baffled and intrigued legal scholars, lawyers, and litigants for centuries the following article examines some of the theories regarding judicial decision-making and addresses the.