Creating the law : state supreme court opinions and the effect of audiences / Michael K. Romano and Todd A. Curry.

New York ; London : Routledge, 2020.

©2020

KF8736 .R66 2020

9781138616837 hardcover
1138616834 hardcover
9781138616844 paperback
1138616842 paperback
9780429461828 electronic book
9780429867866 electronic book
9780429867873 electronic book
9780429867859 electronic book

xiii, 183 pages : illustrations ; 23 cm.

(OCoLC)1113423366

"Written opinions are the primary means by which judges communicate with external actors. These opinions include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. 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 dueling 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"-- Provided by the publisher.

Includes bibliographical references and index.

Online version: Romano, Michael K. Creating the law. New York, NY : Routledge, 2020 9780429461828 (OCoLC)1113419448

Onsite Print Resources
Shared Records
All Resources