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Academic
: Legal Theory BlogFarganis on Reasoning & Supreme Court Legitimacy
By Lawrence Solum
Dion Farganis (Bowling Green State University) has posted Does Reasoning Matter? The Impact of Opinion Content on Supreme Court Legitimacy on SSRN. Here is the abstract:
Is Supreme Court legitimacy affected by the way justices explain their decisions to the public? Existing work shows a link between legitimacy and case outcomes, but overlooks the impact of opinion content. Using an experimental design, I measure the effect of three different types of arguments on public support for the Court. The results suggest that the rationales used by justices in their opinions can affect institutional legitimacy, but to a lesser degree than conventional wisdom suggests. Implications of these findings are discussed and areas in need of follow-up work are identified.
Recommended.
Full post as published by Legal Theory Blog on July 21, 2009 (boomark / email).
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