Skip to main content
×
×
Home

The Genealogy of Law

  • Tom S. Clark (a1) and Benjamin E. Lauderdale (a2)
Abstract

Many theories of judicial politics have at their core the concepts of legal significance, doctrinal development and evolution, and the dynamics of precedent. Despite rigorous theoretical conceptualization, these concepts remain empirically elusive. We propose the use of a genealogical model (or “family tree”) to describe the Court's construction of precedent over time. We describe statistical assumptions that allow us to estimate this kind of structure using an original data set of citation counts between Supreme Court majority opinions. The genealogical model of doctrinal development provides a parsimonious description of the dependencies between opinions, while generating measures of legal significance and other related quantities. We employ these measures to evaluate the robustness of a recent finding concerning the relationship between ideological homogeneity within majority coalitions and the legal impact of Court decisions.

    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      The Genealogy of Law
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      The Genealogy of Law
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      The Genealogy of Law
      Available formats
      ×
Copyright
Corresponding author
e-mail: tom.clark@emory.edu (corresponding author)
Footnotes
Hide All

Authors' note: We thank Brandon Bartels, Barry Friedman, John Kastellec, Drew Linzer, and Jeff Staton for helpful comments and suggestions. We also thank Josh Strayhorn for helpful research assistance. This research was supported by the National Science Foundation (SES-0961058).

Footnotes
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Political Analysis
  • ISSN: 1047-1987
  • EISSN: 1476-4989
  • URL: /core/journals/political-analysis
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×
MathJax

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 76 *
Loading metrics...

Abstract views

Total abstract views: 202 *
Loading metrics...

* Views captured on Cambridge Core between 4th January 2017 - 14th August 2018. This data will be updated every 24 hours.