Book contents
- Frontmatter
- Contents
- List of Figures
- List of Tables
- Preface
- 1 Neither Force, Nor Will
- 2 When Courts Command
- 3 Judging the Court
- 4 Popular Vertical Issues
- 5 Unpopular Vertical Issues
- 6 Popular Lateral Issues
- 7 Unpopular Lateral Issues
- 8 Neither the Sword nor the Purse, but the Keys
- Appendix I Case Selection
- Appendix II Survey Information and Citations
- Appendix III Supporting Data for Figures
- Appendix IV Statistical Analysis on the Effects of the Pico Ruling
- Appendix V Behavior Conformity Calculations
- Appendix VI Statistical Analysis of Behavior Conformity
- Appendix VII The Effects of Unanimity on Behavior Conformity
- Case References
- References
- Index
Appendix V - Behavior Conformity Calculations
Published online by Cambridge University Press: 06 December 2010
- Frontmatter
- Contents
- List of Figures
- List of Tables
- Preface
- 1 Neither Force, Nor Will
- 2 When Courts Command
- 3 Judging the Court
- 4 Popular Vertical Issues
- 5 Unpopular Vertical Issues
- 6 Popular Lateral Issues
- 7 Unpopular Lateral Issues
- 8 Neither the Sword nor the Purse, but the Keys
- Appendix I Case Selection
- Appendix II Survey Information and Citations
- Appendix III Supporting Data for Figures
- Appendix IV Statistical Analysis on the Effects of the Pico Ruling
- Appendix V Behavior Conformity Calculations
- Appendix VI Statistical Analysis of Behavior Conformity
- Appendix VII The Effects of Unanimity on Behavior Conformity
- Case References
- References
- Index
Summary
THE RELIGIOUS FREEDOM RESTORATION ACT
Conservative estimate: 95.2%
11.8 (percentage point decrease in successful free exercise claims after Boerne) / 12.4 (percentage point difference between free exercise success rate before and after Smith)
Generous estimate: 98.5%
129 (number of cases in which courts of appeals complied with Boerne ruling) / 131 (number of cases in which courts of appeals considered free exercise claims after Boerne)
THE PENTAGON PAPERS CASE
Conservative and generous estimates: 100%
The Pentagon Papers were freely published
ABORTION
Conservative estimate: 54.6%
180.62 (decrease in difference between abortion rates in states with no or light restrictions and states with heavy or total restriction from 1972 to 1975) / 331.08 (difference between abortion rates in states with no or light restrictions and states with heavy or total restriction in 1972) = 54.6%
Generous estimate: 100%
No convictions under abortion statutes after Roe
FLAG DESECRATION
Conservative estimate: 100%
Drastic increase in frequency of flag burning incidents after Texas v. Johnson
Generous estimate: 100%
No convictions under flag desecration statutes after Texas v. Johnson
OBSCENITY
Conservative and generous estimates: 100%
No convictions under the CDA after Reno v. ACLU and no convictions under COPA after Ashcroft v. ACLU
THE EXCLUSIONARY RULE
Conservative estimate: 75%
Officers reporting more adherence to legality in searches after Mapp = 75%
Generous estimate: 100%
The ruling was “wholly successful” at imposing the exclusionary rule on those states not yet applying it
MIRANDA WARNINGS
Conservative estimate: 40%
40 (percentage point increase in suspects read Miranda warnings after Miranda according to Wald [1967]) / 100 (percent of suspects not read warnings before Miranda according to Wald [1967]) = 40%
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- Information
- The Nature of Supreme Court Power , pp. 215 - 220Publisher: Cambridge University PressPrint publication year: 2010