The dynamics of specific and diffuse support for the U.S. Supreme Court: A panel study

Prior inconsistencies in studies regarding specific and diffuse support for the U.S. Supreme Court have largely resulted from confusing two related yet distinct concepts: the level of diffuse support at a given moment, and change in the level of diffuse support over time. The results of a panel study show that specific support is related to both concepts but in different ways. Overall approval of the Supreme Court positively influences the level of diffuse support at a given moment. However, an individual's reaction to a particular Court decision is mediated by pre-existing ideological tension between the individual and the Court, and can cause a sudden change in that individual's diffuse support level. Post-stimulus diffuse support regeneration within an individual is related to support for democratic norms, awareness of the Court, and satisfaction with other governmental institutions.     

Causal Attributions of Dementia Among Korean American Immigrants

To better understand conceptualizations of dementia, this study explored causal attributions of dementia among 209 Korean Americans, using a self-administered questionnaire in Korean. Findings show that Korean Americans endorsed various causal attributions. Factor analysis yielded 3 dimensions of their attributions including psychological, physical/environmental, and cognitive/social. Bivariate analyses showed that younger age and higher education were related to more physical/environmental attributions, and younger age was related to more cognitive/social attributions. The study provides an understanding of causal attributions of dementia that practitioners need to understand to provide culturally competent practice and highlights a need to customize public education messages by specific ethnic groups.     

Causal attributions of dementia among Korean American immigrants

To better understand conceptualizations of dementia, this study explored causal attributions of dementia among 209 Korean Americans, using a self-administered questionnaire in Korean. Findings show that Korean Americans endorsed various causal attributions. Factor analysis yielded 3 dimensions of their attributions including psychological, physical/environmental, and cognitive/social. Bivariate analyses showed that younger age and higher education were related to more physical/environmental attributions, and younger age was related to more cognitive/social attributions. The study provides an understanding of causal attributions of dementia that practitioners need to understand to provide culturally competent practice and highlights a need to customize public education messages by specific ethnic groups.     

Public confidence in the U.S. Supreme Court: A new look at the impact of Court decisions

Judicial scholars have long debated the notion that Court decisions can influence the public's attitudes toward the U.S. Supreme Court. We engage this literature by introducing new dimensions to existing theory for predicting the impact of Court decisions on public confidence in the Court and by introducing innovative methods to test our hypotheses. We begin our analysis by examining the relationship between specific Court decisions and public confidence with aggregate time series data. Our analysis then shifts to an examination of individual-level survey data to examine the same hypotheses. Our results indicate that specific decisions can have a significant positive and negative impact on individual-level confidence in the Court. We conclude with a discussion of the implications of our findings for the theoretical and methodological debates over the influence of Court decisions on public confidence.     

Inheriting a political career: The justices of the United States and Louisiana Supreme Courts

Sixty-three percent of the members of the United States Supreme Court (1789–1988) and forty-four percent of the members of the Louisiana Supreme Court (1812–1988) came from politically active families. Inheritors on both courts were preceded in office by close relatives and usually by more than one kinsman. Inheriting a political career is not as common as it once was but the dramatic decline in that pattern with respect to the courts is unique to those institutions. The careers of followers and nonfollowers are different. A family political legacy, which includes knowledge, skills, contacts, and a greater sense of political efficacy, confers career advantages which can be observed and measured.     

The Rights and Responsibilities of Gay and Lesbian Parents: Legal Developments, Psychological Research, and Policy Implications

With the growing number of same-sex unions, the legal system must determine the rights and responsibilities of gay parents who decide to end a relationship. In 2005, the California Supreme Court found that a child's lesbian caregiver was a legal "parent" despite having no biological or adoptive relationship, while the Massachusetts Supreme Court in 2004 concluded the opposite. Psychologists can inform this debate by presenting research demonstrating that (a) children benefit from contact with two parents, and (b) children's well-being is unaffected by their parents' sexual orientation. Psychologists can further assist the legal system by conducting future research. In order for psychologists to impact laws and policies, legal actors must utilize this expertise .     

"In My Opinion . . .": Justices' Opinion Writing in the U.S. Supreme Court, 1946–1997

Objectives . We develop hypotheses to explain the opinion writing by justices on the U.S. Supreme Court from 1946–1997. Methods . We use data from the U.S. Supreme Court Database, Phases I and II, to examine the proportion of cases in which a justice writes an opinion each term as well as the differences between writing majority, dissenting, and concurring opinions. OLS regression with robust standard errors is the estimation procedure. Results . We find that a justice's position as Chief Justice, professional and education background, reputation ranking, and tenure on the Court can explain a justice's opinion writing. At the same time, we discover that particular variables have different affects on writing majority, dissenting, or concurring opinions. Conclusions . This study demonstrates the importance of both structural and personal background variables in explaining judicial behavior. It also shows the importance of analyzing different kinds of judicial opinions when explaining the justices' opinion writing.     

All Politics is Not Local: National Forces in State Abortion Initiatives

Objective. Although research suggests that national forces can play a role in local and state elections, most of this work has only recently begun to examine the potential role of national forces in state or local ballot initiative or referenda elections. Methods. Our research addresses this gap in the literature by exploring the influence of national forces, such as the timing of elections, Supreme Court rulings, the activities of interest groups, and public opinion, on state direct legislation elections. We incorporate national forces into the morality politics framework and derive specific hypotheses. We then test these hypotheses by conducting a multivariate analysis of county–level voting patterns across 16 abortion–related direct legislation elections. Results. Our results confirm most of the hypotheses derived from the morality politics framework, including those concerning the role of national forces. Conclusions. Voting patterns on abortion tend to be influenced by the presence of presidential elections, Supreme Court rulings, interest–group activity, public opinion, partisanship, college education, and conservative religious forces. We discuss the implications of our findings for research on elections, abortion policy, and morality politics.     

一个学理与实践中的难题——条约与协议在美国的直接适用与间接适用机理分析

国际条约和国际协议在美国有直接适用与间接适用之分.除了依据《宪法》第一条第7款和第二条第2款规定,缔结的条约和协议具有直接适用效力之外,总统依据国会授权缔结的协议中,哪些属于直接适用,哪些属于间接适用,在立法上没有明确规定,在实践中也是一个有争议的问题.国会在授权时与总统的协商甚至博弈,最高法院在此问题上的解释等,都是区分直接适用与间接适用的考量因素.这种立法规定的不确定性和司法解释的主观性使得区分直接适用和间接适用的标准变得模糊不清,同时也导致美国各级法院在适用条约和援引先例时的不精确性.因此,把握好这些区别以及了解其内在的机理特征,对于我们准确理解条约和协议在美国国内的效力与适用具有很强的现实意义.     

美国种族限制性契约的司法判决与种族隔离的松动

在20世纪前期,种族限制性契约是美国白人实行种族隔离最主要的制度性措施。在关于限制性契约的判决中,对"州政府行为"的解释是一个关键,因为联邦宪法第14条修正案的制约对象是各州政府,而不是私人行为。在1948年以前,大多数州法院将州法院的司法判决排除在州政府行为之外,从而便利了州法院对种族限制性契约的纵容。在黑人、民权组织和某些政府部门的斗争之下,1948年联邦最高法院将州法院的判决也包含在州政府行为之中,从而制止了州法院对限制性契约的纵容。此后,对州政府行为的解释日益扩大,对限制性契约的控制更严,从而在美国种族隔离的藩篱中打开了一个缺口。     

The Role of Evaluator-Victim Relationships in Children's Evaluations of Peer Provocation

Second-, third-, fifth-, and sixth- grade children evaluated two hypothetical target peers in three provocation scenarios which differed as to the intent of a provocative act (Ambiguous, Accidental, Hostile). In addition to age and gender, evaluator-victim relationship was manipulated with children portrayed as being in a best friend, an acquaintance, or an enemy relationship with the victim, while the agent of the provocation was an unfamiliar peer. Evaluations were assessed in terms of attributions of aggressor's intentions, behavior response of the victim, evaluator's liking for victim, and evaluator's affect. Results indicated that older children evaluated aggressor's intentions and victim's behavior response more negatively than did younger children. Further, attributions of aggressor's intent significantly predicted the victim's subsequent behavioral response. Evaluator's affect was reported to be more negative when evaluating hostile provocation compared to accidental or ambiguous provocation and evaluators in acquaintance and enemy relationships with the victim reported liking the victim more after the provocation than before it occurred. Results are discussed in terms of the social relational and social situational influences on children's evaluations of peer interactions and the need to integrate these contextual factors in children's person perception research.     

Parties,Institutional Control,and Trust in Government*

Objectives. Partisanship should affect evaluations of Congress just as it affects evaluations of the president, and these institutional evaluations should affect political trust. We argue that the relationship between partisanship and trust is dependent on partisan control of Congress and that much of party identification's influence on trust occurs indirectly through approval of governmental institutions. Methods. Using data collected before and after the 2002 congressional elections by the Center for Survey Research and Analysis at the University of Connecticut, we examine changes in frequency distributions and mean values for trust and institutional approval. We use multivariate regression models and a path model to estimate the causes of political trust and self‐perceived change in trust. Results. We find evidence that party control of government and party identification are important in explaining trust and institutional approval. The Republican takeover of the Senate led Republicans to evaluate the Senate more favorably and to become more trusting of the government, while having the opposite effect on Democrats. Conclusions. The changes in approval and trust resulting from the 2002 elections suggest that at least some segment of the population is cognizant of changes in the political environment and updates its views of government when the political environment changes.     

Creating a Consensus: Psychologists, the Supreme Court, and School Desegregation, 1952–1955

SPSSI psychologists' involvement in the early civil rights movement in the postwar United States was epitomized by their involvement in the case of Brown v. Board of Education. This article examines how social scientists sought to maintain the persona of objective, scientific expert when asked to prepare briefs for the U.S. Supreme Court for the Brown case. The social scientists believed that only by collapsing what they saw as an artificial distinction between objectivity and advocacy could the social scientist become a social activist. This article is based on extensive research in numerous archives, including the papers of Gordon W. Allport, Kenneth B. Clark, Stuart W. Cook, David Krech, the National Association for the Advancement of Colored People, Theodore M. Newcomb, Robert Redfield, and the Society for the Psychological Study of Social Issues.     

Role Orientations,Attributions to Nursing Facility Personnel,and Unresolved Complaints of Volunteers in an Ombudsman Program

Abstract

This research linked volunteers' orientations to their work in an ombudsman program, their attributions of support to facility personnel, and unresolved complaints. A significant feature of the research was relating volunteers' attitudes and an objective indicator of their practices. Data were analyzed from volunteers' replies to a mail questionnaire (n = 481) and unresolved complaints coded from records. Advocates differed from mediators and therapeutic supporters with significantly more unresolved complaints and more negative attributions to facility personnel. Attributions to facility staff influenced the magnitude of unresolved complaints only among advocates. Implications for practice are noted.     

美国宪法禁止溯及既往立法规定的司法实践与法律解读

美国宪法第一条第9款禁止国会通过的溯及既往法律是仅限于刑事法律,还是也包括民事法律?宪法对此语焉不详。自从联邦最高法院1798年在考尔德夫妇诉波尔夫妇案中将此规定解释为仅限于刑事法律之后,美国司法界和学界在此问题上的争议就一直没有停止过。2012年3月6日,美国国会对《1930年关税法案》作了修正,将反补贴法溯及适用于2006年11月20日以来的所有相关案件。这一溯及既往立法再一次将这个历史悬案摆在人们面前。从美国两百多年的司法实践和相关的宪法修正案来看,国会通过的溯及增加权利的法案几乎没有受到任何质疑;通过的溯及减损权利,但明确规定补偿的法案,虽然遭到一些人反对,但是分歧不是很大。然而像《1930年关税法案》修正案那样直接影响到有关当事人的利益,却没有补偿规定的溯及既往立法,无论是从宪法条文的解读来讲,还是从美国的司法实践来看,都是值得探讨的。     

The Use of Research in the Seattle and Jefferson County Desegregation Cases: Connecting Social Science and the Law

On June 28, 2007, a plurality of the United States Supreme Court held that two public school desegregation plans, which relied in part on racial classifications, violated the Equal Protection clause of the Fourteenth Amendment. This article provides an overview of the cases and discusses the ways in which examples of social science research were used and interpreted by Justices on both sides of the issue. We also describe some differences in perspective between social scientific and legal traditions and offer insights about connections between these perspectives in this and future work.     

I’m respectful. Why don’t they like me? Evaluator and gender effects of showing respect and children’s social competence

Despite extensive research on the importance of conceptualizing respect, little is known about how respect recipients and peer onlookers evaluate showing respect. Few studies have examined how such evaluations affect children's peer relations across four levels of social complexity (individual, interactions, relationships, and group), and few have assessed how gender influences the evaluations of showing respect to peers on peer social competence. This study used multi‐group structural equation modeling (MSEM) to examine how (a) cross‐evaluators’ views on showing respect mediated the relation between multiple measures of social complexity and children's social competence and (b) whether gender moderated the above relations. Two hundred and sixteen participants were chosen from third to sixth graders (111 girls; M_age =10.30). They completed self‐reports of social competence and showing respect, and peer reports of classmates’ showing respect, overt aggression, physical victimization, mutual friends, and social competence. Self‐evaluations of showing respect were negatively related to group‐level social competence. Peer evaluations of showing respect mediated the association between peer relations (specifically, number of mutual friends and overt aggression) and individual‐level and group‐level social competence. Gender moderated three paths in the model, namely links between overt aggression and (a) peer evaluations for showing respect; (b) group‐level social competence; and (c) individual‐level social competence. Negative associations were stronger for girls than for boys. The research findings suggest that gender norms shape the complex relations between children's showing respect and social competence, and an understanding of these relations must take into account differences in evaluations made by children and their peers.     

Friends of the Circuits: Interest Group Influence on Decision Making in the U.S. Courts of Appeals*

Objective. Though there is an extensive literature focused on the participation and efficacy of interest group amici curiae in the U.S. Supreme Court, there is little rigorous analysis of amici curiae in the U.S. Courts of Appeals. Here, we systematically analyze the influence of amicus curiae briefs on U.S. Court of Appeals decision making to provide insights regarding both judicial decision making and the efficacy of interest groups. Methods. We use a probit model to capture influences on appellant success in the courts of appeals from 1997–2002. Results. We find that amicus briefs filed in support of the appellant enhance the likelihood of that litigant's probability of success, but that amicus briefs filed in support of the appellee have no effect on litigation outcomes. Conclusion. Amici can help level the playing field between appellants and appellees by serving to counter the propensity to affirm in the U.S. Courts of Appeals.     

Acclimation Effects on the Supreme Court of Canada: A Cross‐Cultural Examination of Judicial Folklore*

Objective. Few public law theories developed to understand the decision making of U.S. courts have been examined in different cultural settings. This study examines the applicability of the “freshman effects” theory in the context of the Canadian Supreme Court. Methods. The article uses analysis of variance tests to examine changes in the voting and authorship patterns of 15 Canadian Supreme Court Justices during the Laskin, Dickson, and Lamer Court periods (1973–1999). Results. We find very little evidence of acclimation effects on the Canadian Supreme Court. However, through the Chief Justice's power to compose decision panels, Canadian justices in their first full year of service are assigned significantly fewer cases than in subsequent years of their career. Thus, Canadian justices are given time to acclimate to the high court through a lower workload, a luxury not afforded to U.S. justices. Conclusions. Theories of public law adopted to understand U.S. courts may be limited in their generalizability beyond the U.S. setting because of the institutional and political forces that shape judicial decision making in other courts.     

A Longitudinal Examination of the Associations between Fathers' and Children's Attributions and Negative Interactions

The present investigation examined the concurrent and longitudinal relations between attributions and negative behavioral interactions in the context of the father-child dyad. Participants were 177 fathers and their young adolescents recruited from non-metropolitan counties in the southeast. Results indicated that for children, attributions about their father play a significant role in their negative behavioral interactions with their father both within and across time. Interestingly, father's earlier negative behavioral interactions with their children predicted children's subsequent attributions about their father in the longitudinal analyses. In addition, both attributions and behavioral interactions were highly stable across time for both fathers and children.