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Creating the Law: State Supreme Court Opinions and The Effect of Audiences / Edition 1
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Barnes and Noble
Creating the Law: State Supreme Court Opinions and The Effect of Audiences / Edition 1
Current price: $39.95
Barnes and Noble
Creating the Law: State Supreme Court Opinions and The Effect of Audiences / Edition 1
Current price: $39.95
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Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity.
This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.