Selecting Cases for Supreme Court Review
An Underdog Model
Bibliographic Data
| ID | 11507244 |
|---|---|
| Authors | S Sidney Ulmer (University of Kentucky, corresponding author) |
| Year | 1978 |
| Volume | 72 |
| Issue | 3 |
| Pages | 902-910 |
| Publication date | 1978-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/1955110 |
| OpenAlex | W2089493524 |
| Language | EN |
| Citations received | 37 |
| References cited | 6 |
In making review decisions, Supreme Court justices are predisposed to support underdogs and upperdogs. disproportionately but, also, are motivated to hide any "bias" that may be at work in determining votes. In balancing these two values, justices may be expected to vote their "bias" more frequently (1) when that vote will determine outcome, and (2) when the "bias" will be harder to detect. The latter goal may be served by voting the "bias" more frequently in close cases and less frequently otherwise. In an analysis of the voting patterns of five justices in the decade 1947–56, I found that two liberal and two conservative justices conformed to these expectations. A fifth, or control justice, defined as neither liberal nor conservative, did not pattern his votes in the manner predicted for liberals and conservatives. This relationship held when four projected intervening variables were controlled individually and collectively
Economic Justice · Economics · Microeconomics · Outcome (game theory · Political science · Politics · Supreme court · Voting · Voting behavior · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems
State Coalitions, Informational Signals, and Success as Amicus Curiae at the U.S. Supreme Court
Law, Politics, and Judicial Decision Making
Social Identity Group Cues in Judicial Ideology and Decision-Making on the U.S. Supreme Court
Governmental Litigants, Underdogs, and Civil Liberties
Integrating Alternative Approaches to the Study of Judicial Voting
The Illusion of Judicial Consensus Revisited
Legal Mobilization for Social Reform
Measuring the Preferences of State Supreme Court Judges
Where You Stand Depends on Who Sits
Supreme Court Decision Making
The Diversification of the Federal Bench
Governmental Litigants, Underdogs, and Civil Liberties in the Supreme Court
Models of State High Court Decision Making in Sex Discrimination Cases
The methodology of judicial behavior research
Beyond Liberal and Conservative
Pre-Devolutionary Funding for Poverty Law in the United States
Funding Poverty Law in an Era of Decentralization
Indian rights and law before the federal district courts
State supreme court voting behavior
Judicial Review in Context
Selecting Appeals for Judicial Review in Canada
An econometric analysis of the U.S. Supreme Court's certiorari decisions
A Note On Substantive Access Doctrines in the U.S. Supreme Court
The Recent Politics of the United States Supreme Court
Assessing the Impact of State Judicial Structures on Citizen Litigiousness
The Supreme Court and the Powers of the Executive
From simplicity to complexity
Law, Policymaking, and the Policy Process
A Court Quietly Rewrote the Federal Pesticide Statute
An Original Look at Originalism
The United States Supreme Court and Criminal Cases, 1935–1976
Keepers of the Covenant or Platonic Guardians? Decision Making on the U.S. Supreme Court
Public Opinion and Setting the Agenda on the U.S. Supreme Court
Lawyers, Organized Interests, and the Law of Obscenity
Administrative Agencies and the Court
Issues, Agendas, and Decision Making on the Supreme Court
Denial of Access and Ideological Preferences
| Unique citing works | 37 |
|---|---|
| Citations per year | 0,82 |
| Citation span | 1981 - 2026 (46) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 37 |