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Appendix V - Behavior Conformity Calculations

Published online by Cambridge University Press:  06 December 2010

Matthew E. K. Hall
Affiliation:
St Louis University, Missouri
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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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Publisher: Cambridge University Press
Print publication year: 2010

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