Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley

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.

Show description

Read or Download Concurring Opinion Writing on the U.S. Supreme Court PDF

Similar writing books

Local Literacies: Reading and Writing in One Community

Neighborhood Literacies is a distinct learn of daily examining and writing. by means of targeting a range of individuals in a specific neighborhood in Britain, the authors research how they use literacy of their everyday lives. This exploration offers an outline of literacy at one time limit, and in addition finds the character and value of communique to humans, families and groups.

The Negative Trait Thesaurus: A Writer's Guide to Character Flaws

Crafting likable, attention-grabbing characters is a balancing act, and discovering that ideal mixture of strengths and weaknesses should be tough. not just does a well-drawn protagonist want confident attributes to assist him be triumphant, he should also have flaws that humanize him and provides him whatever to beat. an analogous is correct of villains and the remainder of the story’s assisting solid.

Concurring Opinion Writing on the U.S. Supreme Court

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.

Extra info for Concurring Opinion Writing on the U.S. Supreme Court

Example text

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.

Download PDF sample

Rated 4.02 of 5 – based on 36 votes