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Are Social Background Models Time-Bound?

Published online by Cambridge University Press:  01 August 2014

S. Sidney Ulmer
S. Sidney Ulmer*
Affiliation:
University of Kentucky
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Abstract

In this research note I seek to determine whether a significantly predicting social background model for analyzing the votes of Supreme Court justices is time-bound. I argue that an affirmative result poses serious questions for past uses of such models, none of which has controlled for the possibility that time is a confounding variable. A model that significantly predicted the votes of the justices in the Court's 1903–1968 terms was constructed. Analysis with this model for two periods—from 1903 to 1935, and from 1936 to 1968—established that the model was not timeneutral. Appropriate theoretical implications are drawn.

Type
Research Notes
Information
American Political Science Review , Volume 80 , Issue 3 , September 1986 , pp. 957 - 967
Copyright
Copyright © American Political Science Association 1986

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References

Adamany, David W. 1969. The Party Variable in Judges' Voting: Conceptual Notes and a Case Study. American Political Science Review, 63: 57–73.CrossRefGoogle Scholar
Bowen, Don. 1965. The Explanation of Judicial Voting Behavior from Sociological Characteristics of Judges. Ph.D. diss., Yale University.Google Scholar
Dorsen, Norman. February 18, 1985. A Change in Judicial Philosophy. The National Law Journal.Google Scholar
Ewing, Cortez. 1938. The Judges of the Supreme Court, 1789–1937. Minneapolis: University of Minnesota Press.Google Scholar
Goldman, Sheldon. 1966. Voting Behavior on the United States Courts of Appeals, 1961–1964. American Political Science Review, 60:374–83.CrossRefGoogle Scholar
Goldman, Sheldon. 1975. Voting Behavior on the United States Courts of Appeals Revisited. American Political Science Review, 69:491–506.Google Scholar
Goldman, Sheldon, and Jahnige, Thomas P.. 1985. The Federal Courts as a Political System. New York: Harper and Row.Google Scholar
Grossman, Joel. 1967. Social Backgrounds and Judicial Decisions: Notes for a Theory. Journal of Politics, 29:334–51.Google Scholar
Heike, Susan. 1978. Federal District Judges and School Desegregation: Social Background Factors Reconsidered. Presented at the annual meeting of the Southern Political Science Association, Atlanta, GA.Google Scholar
Hensley, Thomas R., and Dean, Karen. 1984. Have We Been Overlooking Something? An Analysis of Supreme Court Decision Making Using Both Unanimous and Non-Unanimous Cases. Presented at the annual meeting of the American Political Science Association, Washington, D.C.Google Scholar
Howard, J. Woodford. 1968. Mr. Justice Murphy: A Political Biography. Princeton: Princeton University Press.Google Scholar
Mason, Alpheus. 1956. Harlan Fiske Stone: Pillar of the Law. New York: Viking Press.Google Scholar
McGrath, Peter C. 1963. Morrison R. Waite: The Triumph of Character. New York: Macmillan Publishing Co.Google Scholar
Mott, Rodney, Albright, Spencer D., and Simmerling, Helen R.. 1933. Judicial Personnel. Annals of the American Academy of Political and Social Sciences, 167:143–55.Google Scholar
Nagel, Stuart. 1961. Political Party Affiliation and Judges' Decisions. American Political Science Review. 55:844–50.CrossRefGoogle Scholar
Nagel, Stuart. 1961. Ethnic Affiliations and Judicial Propensities. Journal of Politics, 24:94–110.Google Scholar
Northern Securities Inc. v. United States, 193 U.S. 197 (1904).Google Scholar
Pascal, J. F. 1951. Mr. Justice Sutherland: A Man Against the State. Princeton: Princeton University Press.Google Scholar
Schmidhauser, John R. 1959. The Justices of the Supreme Court: A Collective Portrait. Midwest Journal of Political Science, 3:2–37, 40–49.CrossRefGoogle Scholar
Schmidhauser, John R. 1961. Judicial Behavior and the Sectional Crisis of 1837–1860. Journal of Politics, 23:615–40.Google Scholar
Schmidhauser, John R. 1962. Stare Decisis, Dissent, and the Backgrounds of the Justices of the Supreme Court of the United States. Toronto Law Review, 14:194–212.Google Scholar
Schmidhauser, John R., and Gold, David. 1963. The Influence of Background Factors on Decision Making in the Supreme Court. In Schmidhauser, , ed., Constitutional Law in the Political Process. Chicago: Rand McNally.Google Scholar
Tate, Neal. 1981. Personal Attribute Models of the Voting Behavior of United States Supreme Court Justices: Liberalism in Civil Liberty and Economic Decisions, 1946–1978. American Political Science Review, 75:355–67.Google Scholar
Ulmer, S. Sidney. 1962. The Political Party Variable in the Michigan Supreme Court. Journal of Politics, 11:352–62.Google Scholar
Ulmer, S. Sidney. 1973a. Social Background as an Indicator to the Votes of Supreme Court Justices in Criminal Cases: 1947–1956 Terms. American Journal of Political Science, 19:622–30.Google Scholar
Ulmer, S. Sidney. 1973b. Supreme Court Justices as Strict and Not So Strict Constructionists: Some Implications. Law and Society Review, 7:13–32.Google Scholar
Ulmer, S. Sidney. 1985. Are Social Background Models Time-Bound? The Use of Social Attributes in Predicting the Votes of Supreme Court Justices in Two Non-Overlapping Contiguous Time Periods Encompassed in the Court's 1903–1968 Terms. Presented at the annual meeting of the Midwest Political Science Association, Chicago, IL.Google Scholar
Ulmer, S. Sidney, and Stookey, John A.. 1975. Nixon's Legacy to the Supreme Court: A Statistical Analysis of Judicial Behavior. Florida State University Law Review, 3:331–47.Google Scholar
United States v. Nixon et al., 418 U.S. 683 (1974).Google Scholar
Walker, Thomas G., and Hulbary, William E.. 1978. Selection of Capable Justices. In Blaustein, Albert P. and Mersky, Roy M., eds., The First One Hundred Justices. Hampden, CT: Shoe String Press.Google Scholar
Weber, Paul J. 1984. The Birth Order Oddity in Supreme Court Appointments. Presidential Studies Quarterly, 14:561–68.Google Scholar
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