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Punctuated Equilibrium and the Supreme Court
Author(s) -
Robinson Rob
Publication year - 2013
Publication title -
policy studies journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.773
H-Index - 69
eISSN - 1541-0072
pISSN - 0190-292X
DOI - 10.1111/psj.12036
Subject(s) - punctuated equilibrium , supreme court , prima facie , leverage (statistics) , political science , legislature , law , law and economics , economics , paleontology , machine learning , computer science , biology
In the legislative and executive branches, policy scholars have used punctuated equilibrium ( PE ) theory to describe and explain patterns of change. However, there has been little examination of how PE might apply to courts and legal policy change. This article addresses that gap by providing evidence that legal policy change—here conceptualized as changes in what precedents the Supreme Court most often cites—is governed by PE theory. After making a prima facie case for the applicability of PE theory to the Court, I leverage network rankings of Supreme Court decisions to create a proxy for legal policy change that improves on existing measures. Using both a stochastic process model and an analysis of the punctuations the measure uncovers, I find strong evidence of PE processes.