A Bottom-Up Account of State Supreme Court Opinion Writing

Savchak, Elisha Carol; Bowie, Jennifer Barnes

doi:10.1080/0098261x.2015.1012571

Cited by 6 publications

(3 citation statements)

References 56 publications

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“…Nonetheless, they are instructive for our present purpose. Previous research examines how SCOTUS and Supreme Court justice (e.g., opinion pieces) language is predictive of a variety of the Court's processes and outcomes (Black et al, 2011;Brenner & Heberlig, 2002;Carlson et al, 2015;Coleman & Phung, 2010;Feldman, 2016Feldman, , 2017Hawes et al, 2009;Hazelton et al, 2019;Johnson, 2014;Long & Christensen, 2013;Mazzi, 2010;McGuire et al, 2007;Savchak & Bowie, 2016;Skinner & Pludwin, 2013). Moreover, the use of complex and simple language by Supreme Court justices can provide insight into SCOTUS decisions and behavior (Gruenfeld, 1995;Gruenfeld & Preston, 2000;Hansford & Coe, 2019;Owens & Wedeking, 2011;Tetlock et al, 1985).…”

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confidence: 99%

Understanding the Role of Linguistic Complexity in Famous Trial Outcomes

Zubrod

Conway

et al. 2020

Journal of Language and Social Psychology

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Famous trials not only generate immense popularity and intrigue, they also have the power to change history. Surprisingly, little research examines the use of complex language during these culturally-significant trial outcomes. In the present study, we helped fill in this gap by evaluating the relationship between attorneys’ use of integratively complex language and trial outcomes. Using the well-validated Automated Integrative Complexity scoring system, we analyzed the complexity of language in the opening and closing statements of famous trials. We found that higher levels of integrative complexity led to a significant increase in winning outcomes, but only for the prosecution. Further, this effect was driven by elaborative forms of complexity and not dialectical forms of complexity. Taken together, these results fill a large gap in our understanding of how language might influence the outcomes of culturally-significant legal proceedings.

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confidence: 99%

Understanding the Role of Linguistic Complexity in Famous Trial Outcomes

Zubrod

Conway

et al. 2020

Journal of Language and Social Psychology

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“…12 To create our dependent variable, we utilize BAILII's case history function 13 to access higher and lower court opinion texts. After locating each Supreme Court opinion 14 and the accompanying appellate court decision under review, we convert each opinion into a text format and use WCopyfind 4.1.5 15software which identifies language similaritiesto assess the degree to which the lower court opinion words and phrasing were replicated, or "adopted," in the UK Supreme Court opinion (Corley 2008;Corley, Collins, and Calvin 2011;Bloomfield 2016;Savchak and Bowie 2016;Bowie and Savchak 2019;Bowie and Savchak 2022). 16 Our dependent variable is the percentage of a Supreme Court opinion's language that is borrowed directly from the lower court decision.…”

Section: Methodsmentioning

confidence: 99%

“…Studies examining judicial opinion content often focus on the practice of language borrowing, where high court judges and justices directly implement language from lower court opinions into their own decisions, thus codifying the language from the lower courts as national precedent (Corley, Collins, and Calvin 2011). There is considerable evidence that higher courts routinely borrow language from lower court opinions because these opinions provide information on the state of the law as it relates to the case at hand, offer persuasive legal arguments, and cover complex issues (Corley, Collins, and Calvin 2011;Savchak and Bowie 2016;Bowie and Savchak 2022). Other work on bottom-up influences reveals that Supreme Court justices ascertain critical information on the applicability and policy consequences of legal rules through implementation patterns within the lower courts (Hansford, Spriggs, and Stenger 2013).…”

Section: Doctrinal Development and The Importance Of Judicial Opinionsmentioning

confidence: 99%

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

Bowie,

Masood,

Savchak

et al. 2023

J. law courts

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Do lower court judges influence the content of Supreme Court opinions in the United Kingdom? Leveraging original data, we analyze opinion language adoption practices of the UK Supreme Court. We advance a theory where the justices’ choices to adopt language from lower court opinions are influenced by Supreme Court-level attributes and Court of Appeal case characteristics. We uncover compelling evidence that UK Supreme Court justices incorporate language extensively from the written opinions of the Court of Appeal of England and Wales. Our findings have significant implications for opinion formulation, doctrinal development, and higher and lower court interactions within comparative courts.

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State Court Influence on US Supreme Court Opinions

Bowie

Savchak

2022

J. law courts

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Despite our understanding that the US Supreme Court influences lower courts in a top-down fashion, we examine whether state courts influence Supreme Court work, namely, its majority opinions. This study of lower court influence on Supreme Court opinion writing investigates whether and when justices borrow language from state court opinions. While our fundamental interest is in whether the writings of state court judges are influential in Supreme Court opinions, we further investigate whether justices’ biases against elected judiciaries and favor for appointed systems play a role here. Our original data set includes Supreme Court cases reviewing state court decisions from 1995 to 2015. Results show that the potential for lower court influence differs for appointed versus elected state court judges, lending valuable insight into the discussion of judicial power and institutional design. Meanwhile, state courts play an important role in the development of law at the Supreme Court.

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A Bottom-Up Account of State Supreme Court Opinion Writing

Cited by 6 publications

References 56 publications

Understanding the Role of Linguistic Complexity in Famous Trial Outcomes

Understanding the Role of Linguistic Complexity in Famous Trial Outcomes

Lower Court Influence on High Courts: Evidence from the Supreme Court of the United Kingdom

State Court Influence on US Supreme Court Opinions

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