By Pamela C. Corley
Whilst justices write or subscribe to a concurring opinion, they reveal their personal tastes over great criminal principles. Concurrences offer a fashion for justices to precise their perspectives concerning the legislation, to interact in a discussion of legislations with one another, the felony neighborhood, the general public, and Congress. this crucial examine is the 1st systematic exam of the content material of ideal courtroom concurrences. whereas past paintings on best court docket determination making focuses completely at the end result of circumstances, Pamela C. Corley tackles the content material of excellent court docket concurring reviews to teach the reasoning in the back of every one justice’s choice. utilizing either qualitative and quantitative equipment of research, Concurring Opinion Writing at the U.S. superb court docket deals a wealthy and unique portrait of judicial choice making by means of learning the method of opinion writing and the formation of felony doctrine during the designated lens of concurrences.
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Extra info for Concurring Opinion Writing on the U.S. Supreme Court
Thus, any bargaining statement is a potential concurrence. If the justice is accommodated, the justice will silently join the majority opinion; however, if the justice is not accommodated, the justice may write or join a concurrence. The concurrence may “outlin[e] the ﬂaws in the majority’s legal logic and thus affect . . the future development of the law” (Wahlbeck et al. 1999, 491). As Murphy (1964) explains, “The two major sanctions which a Justice can use against his colleagues are his vote and his willingness to write opinions which will attack a doctrine the .
Join Majority Less likely No effect No effect No effect Less likely No effect No effect No effect Less likely Unnecessary vs. Join Majority Why Justices Write or Join 35 limiting, doctrinal, or unnecessary concurrence because of collegiality concerns and a freshman justice is less likely to write or join a limiting concurrence. 3 and the discussion so far have focused simply on which factors matter and whether they make a particular type of concurrence more or less likely. 4 (next page) provides the meaning of the statistical results in substantive terms.
Finally, they compared the policy and rationale adopted in the opinion writer’s ﬁrst circulation with that contained in the published opinion and found that in more than 50 percent of the cases a signiﬁcant change occurred in the language of the opinion (65% in Potential Concurrences 43 landmark cases). Thus, Epstein and Knight concluded that the bargaining and accommodation that occurs during the opinion writing process has a “nontrivial effect on the policy the Court ultimately produces” (Epstein and Knight 1998, 106).
Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley