The Nature of Legal Change on the U.S. Supreme Court
Jurisprudential Regimes Theory and Its Alternatives
Bibliographic Data
| ID | 11064928 |
|---|---|
| Authors | Brandon L Bartels (0000-0002-5144-4758, George Washington University), Andrew J O’geen (0000-0001-6263-4920, Davidson College), Andrew J O'Geen (Davidson College) |
| Year | 2015 |
| Volume | 59 |
| Issue | 4 |
| Pages | 880-895 |
| Publication date | 2015-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0092-5853 • E-ISSN: 1540-5907 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/ajps.12147 |
| OpenAlex | W2141374898 |
| Language | EN |
| Citations received | 4 |
| References cited | 33 |
Jurisprudential regimes theory (JRT) posits that legal change on the U.S. Supreme Court occurs in a drastic, structural‐break‐like manner. Methodological debates present conflicting evidence for JRT, which has implications for the important law versus ideology debate. We confront this debate by first elaborating two alternative theoretical perspectives to JRT—evolutionary change and legal stability. Our analytical framework focuses on two key substantive effects of jurisprudential categories on the Court's case outcomes—relative differences between categories over multiple time periods and longitudinal differences across time periods. Importantly, different pieces of empirical evidence can provide support for different dynamic processes. The extent to which “law matters” is not necessarily tied to one particular model of legal change. Empirical analysis of updated and backdated free expression data generates key findings consistent with JRT, legal stability, and evolutionary change. We discuss the implications of the results for understanding legal change and legal influence
Empirical legal studies · Ideology · Law and economics · Legal research · Political science · Politics · Sociology · Supreme court · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
Economic analysis of law
The Supreme Court and the Attitudinal Model Revisited
Data Analysis Using Regression and Multilevel/Hierarchical Models
The Politics of Precedent on the U.S. Supreme Court
Simple solutions to the initial conditions problem in dynamic, nonlinear panel data models with unobserved heterogeneity
Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court
What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making
Taking and Testing Jurisprudential Regimes Seriously
Reconsidering the Impact of Jurisprudential Regimes
The Evolution of Common Law
Behind the Curve
The Effect of Politically Salient Decisions on the U.S. Supreme Court's Agenda
Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999
Ideological Values and the Votes of U.S. Supreme Court Justices
The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court
Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court
Legal Constraints on Supreme Court Decision Making
The Life of the Law
Membership Change and Collective Voting Change in the United States Supreme Court
Endogenous Jurisprudential Regimes
The Origin of Politics
Who Controls the Content of Supreme Court Opinions
Making the Most of Statistical Analyses
The Influence of Law in the Supreme Court’s Search-and-Seizure Jurisprudence
Does Chevron Matter
Jurisprudential Regimes and Supreme Court Decisionmaking
Jurisprudential Regimes in Supreme Court Decision Making
| Unique citing works | 4 |
|---|---|
| Citations per year | 1 |
| Citation span | 2022 - 2023 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |