- The Oxford Handbooks of American Politics
- The Oxford Handbook of U.S. Judicial Behavior
- Dedication
- Preface
- Acknowledgments
- List of Figures
- List of Tables
- List of Abbreviations
- List of Contributors
- Appointing Federal Judges
- Appointing Supreme Court Justices
- Judicial Elections: Judges and their “New-Style” Constituencies
- Federal Judicial Tenure
- Law Clerks
- Gatekeeping and Filtering in Trial Courts
- Access to Intermediate Appellate Courts
- Agenda-Setting on the U.S. Supreme Court
- Courtroom Proceedings in U.S. Federal Courts
- Opinion Writing
- Vertical <i>Stare Decisis</i>
- Law in Judicial Decision-Making
- The Strategic Analysis of Judicial Behavior and the Separation of Powers
- Judicial Review
- The Role of Personal Attributes and Social Backgrounds on Judging
- Ideology and Partisanship
- The Economic Analysis of Judicial Behavior
- Judges and their Audiences
- Interest Groups and the Judiciary
- The Relationship between Courts and Legislatures
- Courts and Executives
- Covering the Courts
- The Supreme Court and Public Opinion
- Judicial Impact
- Cognition in the Courts: Analyzing the Use of Experiments to Study Legal Decision-Making
- New Measurement Technologies: A Review and Application to Nuremberg and Justice Jackson
- The Use of Observational Data to Study Law and the Judiciary
- Index
Abstract and Keywords
This chapter reviews measurement technologies that have rapidly invigorated the study of judicial behavior, examining the standard approach to measuring judicial “ideal points” and discussing how such measures have facilitated broad new lines of inquiry in understanding judicial decision-making. But the measures, as this chapter explains, are no panacea. Proper use and interpretation depend critically on qualitative assumptions and understanding of underlying case law. This chapter argues that the way forward combines jurisprudentially meaningful data collection with advances in measurement technologies. These concepts are illustrated by empirically informing a long-standing debate about the effect of the Nuremberg trial on Justice Jackson’s jurisprudence.
Keywords: measurement, ideal points, judicial behavior, Nuremberg, Justice Jackson
Daniel E. Ho is the William Benjamin Scott and Luna M. Scott Professor of Law at Stanford Law School.
Michael Morse is a Ph.D. candidate, Government at Harvard University.
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- The Oxford Handbooks of American Politics
- The Oxford Handbook of U.S. Judicial Behavior
- Dedication
- Preface
- Acknowledgments
- List of Figures
- List of Tables
- List of Abbreviations
- List of Contributors
- Appointing Federal Judges
- Appointing Supreme Court Justices
- Judicial Elections: Judges and their “New-Style” Constituencies
- Federal Judicial Tenure
- Law Clerks
- Gatekeeping and Filtering in Trial Courts
- Access to Intermediate Appellate Courts
- Agenda-Setting on the U.S. Supreme Court
- Courtroom Proceedings in U.S. Federal Courts
- Opinion Writing
- Vertical <i>Stare Decisis</i>
- Law in Judicial Decision-Making
- The Strategic Analysis of Judicial Behavior and the Separation of Powers
- Judicial Review
- The Role of Personal Attributes and Social Backgrounds on Judging
- Ideology and Partisanship
- The Economic Analysis of Judicial Behavior
- Judges and their Audiences
- Interest Groups and the Judiciary
- The Relationship between Courts and Legislatures
- Courts and Executives
- Covering the Courts
- The Supreme Court and Public Opinion
- Judicial Impact
- Cognition in the Courts: Analyzing the Use of Experiments to Study Legal Decision-Making
- New Measurement Technologies: A Review and Application to Nuremberg and Justice Jackson
- The Use of Observational Data to Study Law and the Judiciary
- Index
