The Transmission of Legal Precedent
A Study of State Supreme Courts
Bibliographic Data
| ID | 3465409 |
|---|---|
| Authors | Gregory A Caldeira (University of Iowa, corresponding author) |
| Year | 1985 |
| Volume | 79 |
| Issue | 1 |
| Pages | 178-194 |
| Publication date | 1985-03-01 |
| 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 | 10.2307/1956126 |
| OpenAlex | W2322814185 |
| Language | EN |
| Citations received | 60 |
| References cited | 43 |
In the course of making and justifying decisions, judges on state supreme courts often rely on precedents from other jurisdictions. These judicial references across boundaries constitute at least one means of communication and, in turn, demonstrate a complex web of deference and derogation between and among various courts. I attempt to uncover patterns of citation between the several state supreme courts and to evaluate alternative explanations for these patterns, including distance between courts; similarity of political culture; the prestige, professionalism, legal capital, and caseload of the cited court; the social diversity of the environment; differentials between courts on a number of dimensions; and presence in the same legal reporting region. More globally, I ask: Does the intensity of communications between a pair of courts result from the characteristics of the cited court or from differences and similarities between courts or jurisdictions? The results indicate the importance of legal reporting districts, distance between the courts, cultural linkages between the jurisdictions and, especially, characteristics of the cited court
Court of record · Deference · Derogation · Original jurisdiction · Political science · Prestige · State (computer science · Supreme court · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Regulation and Compliance Studies
Communication of Appellate Decisions
The Judicial Process and Public Policy
A spatial model incorporating dynamic, endogenous network interdependence
Contagion, Common Exposure, and Selection
How and Why Do Judges Cite Academics? Evidence from the Singapore High Court
The Evolution of State Courts Research in the Twenty-First Century
Learning or Networking? The Causal Effect of Judges Sitting by Designation
Coordination and Innovation in Judiciaries
The authority of Supreme Court precedent
Legal precedent
Where is precedent set? An exploratory geovisualization of State Supreme Court cases
Lawyers and the U.S. Supreme Court
State Court Influence on US Supreme Court Opinions
Counterbalancing the disadvantages of the “Have Nots”
Judicial Policy Making
Gun Stories
Diffusion of Legal Innovations
Examining the Interconnectedness of State High Court Twitter
Trends
How social identity and social diversity affect judging
(Re-)Setting the Scholarly Agenda on Transjudicial Communication
The right-to-die
Follow-Up Citations in the U.S. Supreme Court
The Effect of Opinion Readability on the Impact of U.S. Supreme Court Precedents in State High Courts
The Ties that Bind Beyond the Battlefield
The Path of Law
Mapping European law
On the Meaning and Pattern of Legal Citations
Ecology and Culture in the Communication of Precedent Among State Supreme Courts, 1870-1970
The U.S. Supreme Court's Incorporation and Interpretation of Precedent
Measuring the Professionalization of U.S. State Courts of Last Resort
Judicial Innovation and Sexual Harassment Doctrine in the U.S. Courts of Appeals
Network Analysis and the Law
Inter‐Court Dynamics and the Development of Legal Policy
Political Respect in the Legislature
Legal Constraint in the US Courts of Appeals
Political Friendship in the Legislature
Learning from and Emulating Their Peers
The Transmission of Legal Precedent among State Supreme Courts in the Twenty-First Century
Placing State Supreme Courts in State Politics
The Intergroup Foundations of Policy Influence
Specialization and Authority Acceptance
The State of State Politics Research
Interdependence in Comparative Politics
A Tool, Not a Master
The Prestige of Australian State Supreme Courts Over the 20th Century
States as Policy Laboratories
Leaders and Followers
Citations to Authority in Supreme Court Opinions
Social-Scientific and Legal Challenges to Education and Test Requirements in Employment
Habitual offender sentencing and legal diffusion in state supreme courts
Judicial Rhetoric, Meaning-Making, and the Institutionalization of Hate Crime Law
The Impact of Judicial Opinion Language on the Transmission of Federal Circuit Court Precedents
The Structure of American Legal Institutions and the Diffusion of Wrongful-Discharge Laws, 1978-1999
The Influence of Jurisprudential Considerations on Supreme Court Decisionmaking
The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century
Precedent, Parity, and Racial Discrimination
Beyond Gay Rights Litigation
Judicial Innovation and Policy Re-Invention
Repertoires of Comparison
Economic analysis of law
Cultural regions of the United States
Congressmen's Voting Decisions
Why Is the Common Law Efficient?
An Economic Approach to Legal Procedure and Judicial Administration
The Columbia Studies of Personal Influence
Cultural Regions of the United States
The Business of State Supreme Courts, 1870-1970
State Supreme Courts
The Authority of Authority
Environmental and Structural Variables as Determinants of Issues in State Courts of Last Resort
External Variables, Institutional Structure & Dissent on State Supreme Courts
Variations in Elite Perceptions of American States as Referents for Public Policy Making
Patterns of Multilinear Evolution in the American States
Redundancy, Rationality, and the Problem of Duplication and Overlap
On the reputation of state supreme courts
Conclusion
The Rhode Island Supreme Court
Litigation in the Federal Courts
Human Nature in Politics
Innovation in the States
A Biochemical Property Relating to Power Seeking in Humans
Patterns of Adoption of Tort Law Innovations
Equality, Efficiency, and Politics in Soviet Bilingual Education Policy, 1934-1980
Private Use of a Public Forum
Throwing the Rascals Out
War Making and State Making
PACs, Contributions, and Roll Calls
Promise and Performance
Judicial Influence
Assessing the Partisan Effects of Redistricting
Cities of the Prairie
Legal Evolution and Societal Complexity
| Unique citing works | 60 |
|---|---|
| Citations per year | 1,46 |
| Citation span | 1985 - 2026 (42) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 60 |