Ecology and Culture in the Communication of Precedent Among State Supreme Courts, 1870-1970
Bibliographic Data
| ID | 4085608 |
|---|---|
| Authors | Peter Harris (0000-0002-3970-9274) |
| Year | 1985 |
| Volume | 19 |
| Issue | 3 |
| Pages | 449-486 |
| Publication date | 1985-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053573 |
| OpenAlex | W2319268860 |
| Language | EN |
| Citations received | 17 |
| References cited | 21 |
State supreme courts frequently cite each other as authorities. These citations constitute the interstate communication of precedent. The major direct predictors of this inter-court communication are the legal capital of the cited court, the difference in legislative innovativeness between the two states, and contemporaneous interstate migration. After 1940, inter-court communication is more strongly related to interstate migration than to any other predictor in the analysis. The relationship between interstate migration and inter-court communication suggests that the interstate communication of precedent is affected by cultural regionalism. Inter-court communication is not increased by similarity between states in population size or in levels of urbanization and industrialization. Courts of populous and urban states are cited more by courts of less populated and rural states, but these relationships are mediated by differences in legal capital, legislative innovativeness, judicial professionalism, and interstate migration. Judicial professionalism and the West's regional reporter system are directly related to inter-court communication in the later years surveyed
Biology · Environmental ethics · Political science · Sociology · State (computer science · Supreme court · American Constitutional Law and Politics · Ecology · Law · Mathematics · Philosophy
Communication of Appellate Decisions
The authority of Supreme Court precedent
Where is precedent set? An exploratory geovisualization of State Supreme Court cases
The Productivity Commission
Trends
Constitutionalism and Social Spending
Legal Rational Myths
Do The "Haves" Come Out Ahead? Winning and Losing in State Supreme Courts, 1870-1970
Measuring the Professionalization of U.S. State Courts of Last Resort
Assessing the Impact of State Judicial Structures on Citizen Litigiousness
A Tangled Tale
On the Meaning and Pattern of Legal Citations
Specialization and Authority Acceptance
A Tool, Not a Master
The Prestige of Australian State Supreme Courts Over the 20th Century
Social-Scientific and Legal Challenges to Education and Test Requirements in Employment
The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century
Social Stratification in Science
Why Is the Common Law Efficient?
Handbook of Organizations (RLE
Structural change in the communication of precedent among state supreme courts, 1870–1970
An Introduction to Legal Reasoning
The Business of State Supreme Courts, 1870-1970
Legal Rules and the Process of Social Change
State Supreme Courts
The Authority of Authority
The American Judicial Tradition
Environmental and Structural Variables as Determinants of Issues in State Courts of Last Resort
Reactions of State Supreme Courts to A U.S. Supreme Court Civil Liberties Decision
Intervening Opportunities
Cultural Regions of the United States
Innovation in the States
Patterns of Adoption of Tort Law Innovations
The Transmission of Legal Precedent
The Spread of Municipal Reform
Urban-to-Rural Diffusion of Opinions in Contemporary America
Toward a Subcultural Theory of Urbanism
| Unique citing works | 17 |
|---|---|
| Citations per year | 0,44 |
| Citation span | 1987 - 2021 (35) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 17 |