By Wendy Kaminer
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Extra resources for A Fearful Freedom: Women's Flight from Equality
Studying one stage in isolation therefore can easily contribute to mixed conceptualizations of the judiciary and inaccurate empirical analysis. Inconsistent ﬁndings and divergent conceptualizations of the judiciary also might be due to idiosyncrasies of single cases, types of case, or areas of law. , statutory interpretation) or on the behavior of judges in a single case or single area of law. An examination of judicial behavior in constitutional cases across different areas of law is necessary if we want to gain a more complete understanding of the role of courts in the policymaking and unmaking process.
In a similar workers’ compensation case, the Supreme Court of New Hampshire noted in its majority opinion that the legislature had amended the 36 A THEORY OF STATE SUPREME COURT JUDICIAL REVIEW law in question four times in response to court rulings, including the Estabrook decision. , 130 NH, 84, (1987), about the constitutionality of the amended “exclusivity of remedy” clause of the workers’ compensation statute. This time, the New Hampshire Supreme Court overruled their Estabrook decision and declared the statutory provision constitutional.
Also, at the state supreme court level, institutional procedures such as order of discussion (Hall and Brace 1989, 1992) and opinion assignment (Hall and Brace 1989, 1992; Brace and Hall 1990) have been posited as important forces shaping judicial behavior. The crux of the argument is that the absence of rules permitting the application of rewards and sanctions facilitates competitive bargaining, thereby increasing dissent. Brace and Hall (1993) and Hall (1992) also considered the conditioning effect of selection methods on judicial behavior.
A Fearful Freedom: Women's Flight from Equality by Wendy Kaminer