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A Bottom-Up Account of State Supreme Court Opinion Writing.

Authors :
Savchak, Elisha Carol
Bowie, Jennifer Barnes
Source :
Justice System Journal; Apr-Jun2016, Vol. 37 Issue 2, p94-114, 21p
Publication Year :
2016

Abstract

This research addresses the central product of judicial work, written opinions. We investigate whether lower court judges are in the position to influence the interpretation of law at higher courts through their own opinions. An examination of 847 state supreme court cases in 1997 shows that the writings of lower court judges do serve as a foundational basis in a bottom-up method of opinion writing, which is conditioned by career factors, including previous jobs and being appointed to the state supreme court, and the judicial workload. This research expands our understanding of opinion writing by shedding light on the differences and similarities in the ingredients of judicial opinions at different court levels and corroborates the growing importance and effectiveness of lower court judges in the creation of law. [ABSTRACT FROM PUBLISHER]

Details

Language :
English
ISSN :
0098261X
Volume :
37
Issue :
2
Database :
Supplemental Index
Journal :
Justice System Journal
Publication Type :
Academic Journal
Accession number :
114928246
Full Text :
https://doi.org/10.1080/0098261X.2015.1012571