Published online by Cambridge University Press: 30 October 2015
Students of the judiciary have long been concerned with the factors that contribute to decision-making at the individual and institutional levels. In particular, analysts have focused a great deal of attention on the Supreme Court and the behavior of its members. Despite this attention, analysts have differed as to the relative influence of the factors justices rely upon when making their decisions. Even the courses taught in a standard political science undergraduate curriculum send mixed signals about these factors to students. Basic constitutional law courses tend to overestimate the role of doctrinal interpretation and precedent and underestimate the impact of the values and attitudes of the Court's members. Courses on the judicial process and politics err in the opposite direction.
When the decision-making literature is viewed as a whole, five basic determinants of judicial decisions emerge: the background of the justice (Tate 1981), the justice's attitudes and values (Rohde and Spaeth 1976), the dynamics inherent in small-groups (Murphy 1964; Woodward and Armstrong 1979), the member's conception of the role of the Court (Howard 1977), and the impact of external stimuli (Casper and Posner 1974). Some of these variables can be measured, but some are very difficult to gauge. As a consequence, analysts cannot accurately assess the relative impact of these five factors upon the individual's decision.
The following sources are all part of the syllabus used in the simulation seminar. Each student is expected to read a common body of general research about the litigation and Court processes and those sources that fall within their specific roles.
A. Background of Justices