
Pamela C. Corley
et al.
Published online:
26 September 2013
Published in print:
15 May 2013
Online ISBN:
9780804786324
Print ISBN:
9780804784726
Contents
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Conventional Wisdom about Judicial Behavior: Theories of Supreme Court Decision Making Conventional Wisdom about Judicial Behavior: Theories of Supreme Court Decision Making
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The Attitudinal Model The Attitudinal Model
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The Strategic Model The Strategic Model
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The Legal Model The Legal Model
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Behavior That Deviates: Existing Explanations for the Decision to Agree Behavior That Deviates: Existing Explanations for the Decision to Agree
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A Comprehensive Model of Consensus A Comprehensive Model of Consensus
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Law and Legal Certainty Law and Legal Certainty
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Legally Noncomplex Cases Legally Noncomplex Cases
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Lack of Amicus Participation in the Case Lack of Amicus Participation in the Case
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Lack of Legal Conflict Lack of Legal Conflict
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Lack of Legal Dissensus in the Lower Court Lack of Legal Dissensus in the Lower Court
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Statutory Interpretation Statutory Interpretation
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Attitudes Attitudes
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Degree of Ideological Polarization Degree of Ideological Polarization
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Reversing Extreme Lower Court Decisions Reversing Extreme Lower Court Decisions
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Strategy Strategy
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Altered Precedent/Law Declared Unconstitutional Altered Precedent/Law Declared Unconstitutional
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Solicitor General Solicitor General
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Majority Opinion Writer: Chief Justice and Median Justice Majority Opinion Writer: Chief Justice and Median Justice
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Institutional Context Institutional Context
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Chief Justice Chief Justice
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Addition of Syllabus Addition of Syllabus
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Formalization of Dissent Assignment Formalization of Dissent Assignment
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Docket Size Docket Size
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Number of Law Clerks Number of Law Clerks
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Case-Specific Factors Case-Specific Factors
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Issue Area Issue Area
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Case Salience Case Salience
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Liberal Decision Liberal Decision
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Time to End of Term Time to End of Term
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Conclusion Conclusion
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Chapter
2 Closing the Jaws of the Decision Making Vise: A Theory and Model of Consensus
Get access
Pages
49–93
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Published:May 2013
Cite
Corley, Pamela C., 'Closing the Jaws of the Decision Making Vise: A Theory and Model of Consensus', The Puzzle of Unanimity: Consensus on the United States Supreme Court (Redwood City, CA , 2013; online edn, Stanford Scholarship Online, 26 Sept. 2013), https://doi.org/10.11126/stanford/9780804784726.003.0003, accessed 16 May 2025.
Abstract
This chapter presents the authors’ theory of consensus and explicates how they propose to measure the central concepts that comprise their model. They argue that the key to understanding consensus is recognizing the diverse set of factors that work together to affect the justices in each case. Broadly, these forces are attitudinal, legal, strategic, institutional, and case-specific; suggesting each operates simultaneously to whether the Court is able to achieve consensus. In addition, the authors offer a mechanism for capturing law - a Legal Certainty Index - in an effort to test for its effects on judicial decision making and the achievement of consensus.
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