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The Impact of Judicial Opinion Language on the Transmission of Federal Circuit Court Precedents
Author(s) -
Hume Robert J.
Publication year - 2009
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/j.1540-5893.2009.00369.x
Subject(s) - judicial opinion , law , popular opinion , expert opinion , public opinion , transmission (telecommunications) , majority opinion , political science , psychology , public relations , computer science , sociology , telecommunications , supreme court , media studies , politics , medicine , intensive care medicine
Why do some federal circuit court precedents transmit across circuits when others do not? Does judicial opinion language influence which cases are more likely to transmit? Previous research on the transmission of precedents has focused primarily on attributes of the circuits or judges who wrote the decisions, without considering whether opinion language also influences citations. This study hypothesizes that precedents are more likely to transmit to other circuits when judges communicate their importance using features of opinion language such as the legal grounding, the amount of supporting evidence, and the decision to file a per curiam opinion. The results indicate that opinion language does influence the transmission of precedents, which suggests that judges who care about policy and are willing to take affirmative steps to encourage citations can use opinion language to enhance their impact.