• Home Page
  • Supreme Court Decisions And The Attitudinal Model

Supreme Court Decisions And The Attitudinal Model

Great Essays
Show More
1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.
In the legal model, judges’ decisions are based on the neutral application of the law, facts, and precedents. In this model, judges must leave their personal preferences away and shape their decisions according to their legal training, principles of logic and constitutional understanding. In a legal model, judges desire just to employ …show more content…
In this model, judges act purely according to their own viewpoints, beliefs and preferences regardless of their court coworker’s reaction and response. For this reasons, this model of judicial behavior seems to lack theoretical consistency and reasoning. Judges’ policy preferences have a significant and possibly larger role in the judicial decisions making process (Ivers). Thus, legal considerations are also relevant in this process and cannot be ignored due to the fact that judges make decisions inside a legal framework.
In the strategic model, judges’ decisions based on how they believe decisions will influence the audience’s interests. In this model, judges take into consideration their colleagues’ potential decisions and public responses (Cross). This model promotes consistency and offers a more comprehensive and intelligible framework for the examination of judicial attitude and for that reasons it has become significantly …show more content…
"United Steelworkers vs. Weber: Affirmative Action on Trial." Southern Changes 1979 ser. 1.9. Web.

Voeten, Erik. "How the Supreme Court Responds to Public Opinion." The Washington Monthly. 28 June 2013. Web. 15 Apr. 2016.

Ivers, Gregg. Models Of Judicial Decision-Making. n.p.: Macmillan Reference USA, 2008. Gale Virtual Reference Library. Web. 19 Apr. 2016.

Cross, Frank B. "Decisionmaking in the U.S. Circuit Courts of Appeals." California Law Review 2003: 1457. JSTOR Journals. Web. 19 Apr. 2016.

Danette, Brickman, and Peterson David A. M. "Public Opinion Reaction to Repeated Events: Citizen Response to Multiple Supreme Court Abortion Decisions." Political Behavior 2006: 87. JSTOR Journals. Web. 19 Apr. 2016.

"Rethinking Weber: The Business Response To Affirmative Action." Harvard Law Review 102.3 (1989): 658. Business Source Complete. Web. 19 Apr. 2016.

Rutherglen, George. "Private Rights And Private Actions: The Legacy Of Civil Rights In The Enforcement Of Title Vii." Boston University Law Review 95.3 (2015): 733-757. Academic Search Complete. Web. 19 Apr.

Related Documents

  • Superior Essays

    Law Clerks Case Study
    • 1761 Words
    • 8 Pages

    Law Clerks Case Study

    Ideally, judges should be the ones who are independent from influence, and should write their own opinions. However, due to the scarcity of time and the amount of workload for justices, it is rather efficient for others who are also experienced and knowledgeable in law to aid justices in their judicial process; therefore, justices are dependent on their law clerks. The research of this paper is to find whether law clerks influence the votes cast by Supreme Court justices on the cases they hear. In the unlikely case that if research discovers that if law clerks have a large influence in determining the outcome of a case, the judiciary could have a longer and more complex process of reviewing law clerks before they are assigned to the court.…

    • 1761 Words
    • 8 Pages
    Superior Essays
    Read More
  • Superior Essays

    Judicial Activism
    • 927 Words
    • 4 Pages

    Judicial Activism

    DISCUSSION WEEK #11 Judicial philosophy is the fundamental set of ideas and beliefs of a judge or justice, in which shapes his or her rulings of a specific case. As well as, how both judge or justice interpret the law. Judicial scholars interpret judges and justices as being either “activists” or “restraints” based on their judicial philosophy. Judicial activism is the philosophy of judicial decision-making whereby judges allow, mainly their personal views about public policy to guide their decisions.…

    • 927 Words
    • 4 Pages
    Superior Essays
    Read More
  • Decent Essays

    Explain The Two Step Process Of Judge
    • 275 Words
    • 2 Pages

    Explain The Two Step Process Of Judge

    Judges are unable to place their personal judgment, or evaluate a court case based on their own beliefs. In order to prevent bias from affecting the case's outcome, judges follow a two step process when making a decision. Firstly, they examine the facts of the case in order to have the right information to compare it to the previous ruling in similar court cases, and research what judges said in the past. This process is known as locating the precedent. Secondly, by evaluating the constitutional basis of the previous rulings, they follow the doctrine of stare decisis, follow to the same argument of the previous court cases and "let the decision stand" by keeping the same ruling in earlier cases or overturn the previous ruling if it is deemed…

    • 275 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Judicial Tenure Pros And Cons
    • 898 Words
    • 4 Pages

    Judicial Tenure Pros And Cons

    Forum Eight Judicial Tenure Why fix something that is not broken? Some Americans claim judicial life tenure is essentially flawed, resulting in Justices that have longer tenures and remain on at later ages than ever before in history. Several proposals have been made to rectify this feeling people have toward a seemingly flawed undemocratic judicial system. As interestingly as alternative judicial tenures seem, the flaw is not enough to make a change and the changes will not make any significant difference anyway.…

    • 898 Words
    • 4 Pages
    Improved Essays
    Read More
  • Superior Essays

    Formalism Vs Affirmative Action
    • 1279 Words
    • 6 Pages

    Formalism Vs Affirmative Action

    In Thornburg, the Court rejected formalism. Instead, the Court found that the historical voting patterns of races were essential to deciding the case. The Court also acknowledged the socioeconomic data related to minorities. When courts are not constrained by the rigid requirements of formalism, it allows for a result that is better reasoned. Additionally, Courts can focus on reaching the correct result, rather than the method to reach a result.…

    • 1279 Words
    • 6 Pages
    Superior Essays
    Read More
  • Improved Essays

    US Campaign Finance Case Study
    • 1007 Words
    • 5 Pages

    US Campaign Finance Case Study

    The current U.S. campaign finance system is definitely a problem. The U.S. campaign financing system has never been one of the hallmarks of our democracy as influence has always been susceptible to monetary benevolence. But in 2010 it was dealt a lethal blow by the U.S. Supreme Court when they decided by a narrow majority to trample a century of precedent and declare that corporations, and by extension labor unions, have a first amendment right to spend unlimited amounts of money to influence the outcome of elections. There are few Supreme Court decisions that have received as much public debate, backlash and attention (except by most of the students in our class who had never heard of it -- scary). “Justice Ruth Bader Ginsburg called it…

    • 1007 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Five Decisis: The Role Of Uncertainty In The Law
    • 763 Words
    • 4 Pages

    Five Decisis: The Role Of Uncertainty In The Law

    The term stare decisis means, “Let the decision stand”, or in other words a doctrine that establishes precedent. For once a legal issue is settled, stare decisis suggests that any following cases presenting the same question shall follow the preceding ruling of the case that set the initial precedent. Honoring stare decisis provides the Supreme Court greater legitimacy because it maintains the, “fundamental principle of jurisprudence that promotes certainty in the law and uniformity in the treatment of litigants, and thereby prevents arbitrariness”. However, honoring stare decisis varies from Justice to Justice, depending on their method of constitutional interpretation and the variables within a specific case. When examining the role of…

    • 763 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Impact On Public Administration Pros And Cons
    • 468 Words
    • 2 Pages

    Impact On Public Administration Pros And Cons

    There are many types of court rulings that have an impact on the public administration in the United States. These cases originate from the states and federal laws which have led to positive and negative effects on the public administrations. The different courts in the country have powers which enable them to change and implement laws which have led to a profound impact on public administration. This shows that through the judicial arm of government it has played a significant role towards the formation of public policy. An example of a recent federal law that affected how the administrators should develop their policy was the repeal of Don't Ask, Don't Tell (DADT).…

    • 468 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    Disadvantages Of Case Management System
    • 1071 Words
    • 5 Pages

    Disadvantages Of Case Management System

    The principles applied by the 10 courts included principles around differential case management, early judicial management and monitoring and control of cases. The study found…

    • 1071 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Judicial Approach
    • 1206 Words
    • 5 Pages

    Judicial Approach

    There are nine justices that make up the composition of the Supreme Court; it is inevitable that different views, opinions and decisions result. The differences of the judges may be a valuable quality for their ability to represent different view. Nonetheless, the differences in views and approaches can lead to a lack of consistency and principled in approach from case to case. For example, where the Supreme Court is split 5:4 on a decision, it is not unlikely that a second look at the same issue or one that is similar may lead to the minority decision becoming the majority, resulting in inconsistency and change in principle. This is evident in various criminal procedure cases.…

    • 1206 Words
    • 5 Pages
    Improved Essays
    Read More
  • Superior Essays

    Judicial Definitions
    • 1667 Words
    • 7 Pages

    Judicial Definitions

    Judicial review Def: This is the power of the court to rule on the constitutionality of laws. This power was established in the case of Marbury vs. Madison Sig: This allows the court to declare a law constitutional or unconstitutional, this gives the court more power Appellate courts Def: These courts are responsible for hearing and reviewing appeals that have been tried in other or lower-level courts Sig: They will determine if a trial or lower court correctly applied the law.…

    • 1667 Words
    • 7 Pages
    Superior Essays
    Read More
  • Superior Essays

    Judicial Activism Research Paper
    • 1132 Words
    • 5 Pages

    Judicial Activism Research Paper

    Judicial Activism Judicial activism refers to the perception that some judicial rulings and judgments are based on political or personal preferences and prejudices rather than the subsisting law (Elliott 100). Judicial restraint on the other hand refers to the practice of judges to exercise restraint when adjudging various laws as unconstitutional except when they are obviously unconstitutional (Cox 11). Judges in this case ensure that the principle of stare decisis is respected and that precedents carry the day when making determinations with regard to matters that are similar to others decided earlier by superior courts. This paper seeks to argue a case for and against the use of judicial review philosophy of judicial activism or judicial…

    • 1132 Words
    • 5 Pages
    Superior Essays
    Read More
  • Improved Essays

    Hart On Judicial Discretion
    • 713 Words
    • 3 Pages

    Hart On Judicial Discretion

    He interprets that the positivist's claim that a judge has discretion has a meaning that the judge has the right to make any decision he wishes and that he is not obligated to arrive at any particular decision unlike Hart. This is the claim of the legal positivist to which Dworkin objects as he understands rules in the positivist sense. Rules are statements of law which judges are obligated to apply when it is deemed to be relevant[ Ibid ]. Dworkin and positivists who are alike believe that in most cases, in this case which Dworkin believes to be an easy cases, judges arrive at decisions almost mechanically by applying rules. In such cases, there is an agreement that judges do exercise no discretion in forming decisions.…

    • 713 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Common Law Tradition Essay
    • 893 Words
    • 4 Pages

    Common Law Tradition Essay

    The normal law framework permits judges to look to different wards or to draw upon past or present legal experience for analogies to help in settling on a choice. This adaptability permits the basic law to manage changes that prompt unexpected contentions. In the meantime, stare decisis gives sureness, consistency, and consistency and makes for a stable lawful environment. (Cantor, N.…

    • 893 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    Contemporary Jurisprudence Case Study
    • 1259 Words
    • 6 Pages

    Contemporary Jurisprudence Case Study

    Contemporary Jurisprudence: Make Up Assignment for Seminar 2 My group presented the text of Dworkin: Dworkin tries to find a middle ground between Hart and Fullers’ theories, building his jurisprudence on an attack of Hart’s claim that the law consists only of rules. Like Fuller, Dworkin thinks that the law is inherently interpretative. Dworkin contends that in reality the materials available to judges are wider than only rules, and that in practice judges use principles and background justifications as well as rules to decide hard cases. Dworkin argues that by using the full range of legal materials available to judges, they will not have to rely on discretion and instead will be able to solve hard cases objectively in a principled way according…

    • 1259 Words
    • 6 Pages
    Great Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  Cookie Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings