Robert J Hume
Biographic Data
| ID | 1493386 |
|---|---|
| NAME | Robert J Hume |
| GIVEN NAMES | Robert J |
| FAMILY NAME | Hume |
| SIGNATURE | HUME R J |
| AFFILIATIONS | Fordham University |
| VERIFIED | No |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 82 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 4 |
Judicial Behavior and Policymaking: An Introduction
Deciding Not to Decide: The Politics of Recusals on the U.S. Supreme Court
When are U.S. Supreme Court justices more likely to recuse themselves from cases? This article proposes a strategic model of recusal behavior, hypothesizing that the justices balance statutory guidelines concerning recusals against other policy and institutional goals. Using data from the Supreme Court Database, I find evidence that recusal behavior is influenced by a combination of statutory, policy, and institutional considerations. Consistent …
State Courts and Policy Legitimation: An Experimental Study of the Ability of State Courts to Change Opinion
Legitimacy theory suggests that judges are uniquely capable of increasing public support for government policies. However, this capacity may not be universal but conditional, depending on the institutional design of courts. In the United States, institutional differences between federal and state courts may make state judiciaries less capable of increasing public support for government policies. I investigate this possibility using an original su…
Comparing Institutional and Policy Explanations for the Adoption of State Constitutional Amendments: The Case of Same-Sex Marriage
The literature on state constitutional amendments remains undeveloped despite recent activity in the area of same-sex marriage policy. Previous studies have assumed that the adoption of state constitutional amendments is governed by routine policy considerations, but there are strong theoretical reasons for expecting attributes of state institutions also to affect adoption. In this study, I compare institutional and policy explanations for the en…
The Impact of Judicial Opinion Language on the Transmission of Federal Circuit Court Precedents
Why do some federal circuit court precedents transmit across circuits when others do not? Does judicial opinion language influence which cases are more likely to transmit? Previous research on the transmission of precedents has focused primarily on attributes of the circuits or judges who wrote the decisions, without considering whether opinion language also influences citations. This study hypothesizes that precedents are more likely to transmit…
The Use of Rhetorical Sources by the U.S. Supreme Court
This study considers whether U.S. Supreme Court justices use opinion content strategically, to enhance the legitimacy of case outcomes. This hypothesis is tested by examining the Court's use of rhetorical sources, which are references to esteemed figures and texts that corroborate the justices' views. The data are consistent with the position that justices use rhetorical sources strategically, citing them when the legitimacy of their actions is l…
Fear of Reversal as an Explanation of Lower Court Compliance
Lower courts in the United States are generally responsive to specific precedents and trends in the decisionmaking of their judicial superiors. In this article, we ask why. We test one popular explanation-that compliance can be attributed to judges' fear of having their decisions reversed-through an analysis of search and seizure cases decided in the U.S. Courts of Appeals between 1961 and 1990. Since the Supreme Court cannot reverse a decision u…
Fear of Reversal as an Explanation of Lower Court Compliance
Lower courts in the United States are generally responsive to specific precedents and trends in the decisionmaking of their judicial superiors. In this article, we ask why. We test one popular explanation-that compliance can be attributed to judges' fear of having their decisions reversed-through an analysis of search and seizure cases decided in the U.S. Courts of Appeals between 1961 and 1990. Since the Supreme Court cannot reverse a decision u…
The Use of Rhetorical Sources by the U.S. Supreme Court
This study considers whether U.S. Supreme Court justices use opinion content strategically, to enhance the legitimacy of case outcomes. This hypothesis is tested by examining the Court's use of rhetorical sources, which are references to esteemed figures and texts that corroborate the justices' views. The data are consistent with the position that justices use rhetorical sources strategically, citing them when the legitimacy of their actions is l…
The Impact of Judicial Opinion Language on the Transmission of Federal Circuit Court Precedents
Why do some federal circuit court precedents transmit across circuits when others do not? Does judicial opinion language influence which cases are more likely to transmit? Previous research on the transmission of precedents has focused primarily on attributes of the circuits or judges who wrote the decisions, without considering whether opinion language also influences citations. This study hypothesizes that precedents are more likely to transmit…
Comparing Institutional and Policy Explanations for the Adoption of State Constitutional Amendments: The Case of Same-Sex Marriage
The literature on state constitutional amendments remains undeveloped despite recent activity in the area of same-sex marriage policy. Previous studies have assumed that the adoption of state constitutional amendments is governed by routine policy considerations, but there are strong theoretical reasons for expecting attributes of state institutions also to affect adoption. In this study, I compare institutional and policy explanations for the en…
State Courts and Policy Legitimation: An Experimental Study of the Ability of State Courts to Change Opinion
Legitimacy theory suggests that judges are uniquely capable of increasing public support for government policies. However, this capacity may not be universal but conditional, depending on the institutional design of courts. In the United States, institutional differences between federal and state courts may make state judiciaries less capable of increasing public support for government policies. I investigate this possibility using an original su…
Deciding Not to Decide: The Politics of Recusals on the U.S. Supreme Court
When are U.S. Supreme Court justices more likely to recuse themselves from cases? This article proposes a strategic model of recusal behavior, hypothesizing that the justices balance statutory guidelines concerning recusals against other policy and institutional goals. Using data from the Supreme Court Database, I find evidence that recusal behavior is influenced by a combination of statutory, policy, and institutional considerations. Consistent …
Fear of Reversal as an Explanation of Lower Court Compliance
Lower courts in the United States are generally responsive to specific precedents and trends in the decisionmaking of their judicial superiors. In this article, we ask why. We test one popular explanation-that compliance can be attributed to judges' fear of having their decisions reversed-through an analysis of search and seizure cases decided in the U.S. Courts of Appeals between 1961 and 1990. Since the Supreme Court cannot reverse a decision u…
The Use of Rhetorical Sources by the U.S. Supreme Court
This study considers whether U.S. Supreme Court justices use opinion content strategically, to enhance the legitimacy of case outcomes. This hypothesis is tested by examining the Court's use of rhetorical sources, which are references to esteemed figures and texts that corroborate the justices' views. The data are consistent with the position that justices use rhetorical sources strategically, citing them when the legitimacy of their actions is l…
The Impact of Judicial Opinion Language on the Transmission of Federal Circuit Court Precedents
Why do some federal circuit court precedents transmit across circuits when others do not? Does judicial opinion language influence which cases are more likely to transmit? Previous research on the transmission of precedents has focused primarily on attributes of the circuits or judges who wrote the decisions, without considering whether opinion language also influences citations. This study hypothesizes that precedents are more likely to transmit…
Comparing Institutional and Policy Explanations for the Adoption of State Constitutional Amendments: The Case of Same-Sex Marriage
The literature on state constitutional amendments remains undeveloped despite recent activity in the area of same-sex marriage policy. Previous studies have assumed that the adoption of state constitutional amendments is governed by routine policy considerations, but there are strong theoretical reasons for expecting attributes of state institutions also to affect adoption. In this study, I compare institutional and policy explanations for the en…
State Courts and Policy Legitimation: An Experimental Study of the Ability of State Courts to Change Opinion
Legitimacy theory suggests that judges are uniquely capable of increasing public support for government policies. However, this capacity may not be universal but conditional, depending on the institutional design of courts. In the United States, institutional differences between federal and state courts may make state judiciaries less capable of increasing public support for government policies. I investigate this possibility using an original su…
Deciding Not to Decide: The Politics of Recusals on the U.S. Supreme Court
When are U.S. Supreme Court justices more likely to recuse themselves from cases? This article proposes a strategic model of recusal behavior, hypothesizing that the justices balance statutory guidelines concerning recusals against other policy and institutional goals. Using data from the Supreme Court Database, I find evidence that recusal behavior is influenced by a combination of statutory, policy, and institutional considerations. Consistent …
Judicial Behavior and Policymaking: An Introduction
Judicial and Constitutional Studies (6 works) · Law (6 works) · Political science (6 works) · Law (5 works) · Law, Economics, and Judicial Systems (4 works) · Politics (4 works) · Sociology (4 works) · Supreme court (4 works) · Economics (3 works) · Legal and Constitutional Studies (3 works)