Originalism, and its Effects on Judicial Decision-Making and the Attitudinal Model Open Access

Dara, Khurram T. (2011)

Permanent URL: https://etd.library.emory.edu/concern/etds/pv63g0545?locale=en%255D
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Abstract

Abstract
Originalism, and its Effects on Judicial Decision-Making and the Attitudinal Model
By Khurram T. Dara

For decades, an independent judiciary has been shown to have many empirical benefits to society. Impartiality has been shown to affect these benefits. Certainly, the way by which Supreme Court justices decide cases influences impartiality. The attitudinal model holds that U.S. Supreme Court jutices decide cases based on ideological preferences. But what if certain methods of judicial interpretation influence the extent to which ideological preferences play a role in the judicial decision-making process? I argue that the use of originalism as a judicial interpretive method attenuates the relationship between a justice's preferences and their vote direction. Using a probability model, we study the affect of my unique "Originalism Score" on the attitudinal model.

Table of Contents

Table of Contents
1. INTRODUCTION...1
2. THEORY...5

The Attitudinal Model and Ideology
"Hybrid" Interaction of Originalism and the Attitudinal Model

3. RESEARCH DESIGN AND HYPOTHESES...16
4. RESULTS...23
5. CONCLUSIONS...30
6. REFERENCES...33
7. APPENDIX 1...35

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