Judicial Decision-making on Same-sex Sex Discrimination Cases in the U.S. Circuit Courts of Appeals

Judicial Decision-making on Same-sex Sex Discrimination Cases in the U.S. Circuit Courts of Appeals
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Published on 2008 by ProQuest

Researchers attempt to link \u003cb\u003edecision\u003c/b\u003e-\u003cb\u003emaking\u003c/b\u003e with various factors, examining, for \u003cbr\u003e\nexample, the "legal" influence of stare ... of law and precedent prevail over \u003cbr\u003e\npersonal \u003cb\u003epolitics\u003c/b\u003e and interests in the \u003cb\u003edecision\u003c/b\u003e-\u003cb\u003emaking process\u003c/b\u003e (Edwards 1985, \u003cbr\u003e\n620).

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Studies examining judicial voting behavior are guided by several scholarly theories and approaches that have advanced the understanding of the courts and decision-making. The legal model claims that judges largely rely on established legal authority and analytical reasoning according to the rule of law (statutory language and precedent) for guidance in applying the correct judgment. The model, although imperfect in testing, has shown significance in studies taking into account the effects of Supreme Court precedent. Other studies also show that decision-making is significantly influenced by judges' ideological preferences, in models described as attitudinal, political, and/or extra-legal. Both models produce significant results when testing a variety of variables, both legal and extra-legal. This project assumes a similar approach by examining the effect of these inter-related determinants in further exploring outcomes in voting decisions. The analysis focuses on a less-explored yet ever-evolving area of law involving contemporary issues on cases of same-sex sex discrimination which have appeared more prevalently in both federal District and Circuit Courts of Appeals in recent decades. Applying a multivariate logistic regression approach, the study examines same-sex sex discrimination cases from the years 1990 through 2005 and the votes of the presiding (3-panel or en banc) federal circuit court judges from all 12 (including District of Columbia) United States Circuit Courts of Appeals. Individual biographical profiles of judges provide background data for the formulation of a variety of independent variables for use in determining the probability and effect of influences on voting behavior (N=358) on the selected set of cases. Types of cases are distinguished by the factual events reported, the claims raised by litigants, the correlating statutory laws, legal interpretation(s) or applicable precedent, and other legal references, including district and circuit court information. The logistic regression model (I) correctly predicts 93.6% of the cases and some variables achieve statistical significance at the .01 and .05 levels. Findings reveal that attitudinal and extralegal factors are most influential in judicial decision-making even when controlling for legal attributes in the multivariate model. The analysis agrees with attitudinal theory asserting that social background characteristics, ideological preferences, and value considerations play a role in influencing judges' discretionary space as part of the decision-making process.

This Book was ranked 17 by Google Books for keyword DECISION-MAKING PROCESS IN U.S. POLITICS.

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