By Pamela C. Corley
While justices write or subscribe to a concurring opinion, they reveal their personal tastes over substantive criminal ideas. Concurrences supply a fashion for justices to precise their perspectives in regards to the legislation, to interact in a discussion of legislation with one another, the criminal neighborhood, the general public, and Congress. this significant learn is the 1st systematic exam of the content material of perfect court docket concurrences. whereas earlier paintings on splendid court docket determination making focuses exclusively at the final result of instances, Pamela C. Corley tackles the content material of ideal court docket concurring evaluations to teach the reasoning at the back of each one justice’s choice. utilizing either qualitative and quantitative equipment of research, Concurring Opinion Writing at the U.S. ultimate court docket bargains a wealthy and precise portrait of judicial determination making by means of learning the method of opinion writing and the formation of felony doctrine during the detailed lens of concurrences.
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Whilst justices write or subscribe to a concurring opinion, they exhibit their personal tastes over major felony principles. Concurrences supply a fashion for justices to precise their perspectives concerning the legislations, to interact in a discussion of legislation with one another, the criminal neighborhood, the general public, and Congress. this significant research is the 1st systematic exam of the content material of preferrred courtroom concurrences.
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Extra info for Concurring Opinion Writing on the U.S. Supreme Court
An example is found in Pope v. Illinois (1987). In Pope, petitioners were convicted of obscenity under Illinois law when they sold certain magazines to police. They appealed based on the jury instruction given, which was that the jury must determine that the magazines were without “value” to convict and in order to make that determination, they must judge how the magazines would be viewed by ordinary citizens in the State of Illinois. S. Supreme Court been asked to reconsider Miller in the present case.
S. s. s. s. S. Supreme Court if the case overturned precedent or declared a state or federal law unconstitutional. 028. Since a doctrinal concurrence disagrees with the reasoning employed by the majority and also is more likely to be a special concurrence, meaning the justice does not sign on to the majority opinion, the majority opinion writer has great incentive to bargain successfully with the justice in cases involving a minimum winning coalition in order to create binding precedent. 005 and he is much less likely to write or join a limiting concurrence, with the predicted probability decreasing by more than 50 percent.
005 and he is much less likely to write or join a limiting concurrence, with the predicted probability decreasing by more than 50 percent. In the discussion of substantive results so far, I have discussed the effect of a single variable on the probability of the justice writing or joining a speciﬁc type of concurrence. Next, I set several variables to hypothetical values and I compute the predicted probability associated with the different combination of values. I ﬁnd that, although the baseline probabilities are quite low, they can vary quite dramatically.