Advance Opinions

court opinions

Citing Court Opinions (Also Known As “Case Citations”)

7, seventy three (“The [opinion] construed the Fourteenth Amendment in an absurdly slim method, which has been roundly excoriated by courts and students.”). See Gerhardt, supra observe 70, at 1207–08; Sinclair, supra note 70, at 364.

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Table 1 sets out the listing of high cases by simple variety of citations the opinion has received. We construct upon these earlier studies on this analysis, through the use of further measures and finding out the characteristics of an important opinions. While it is no shock that opinions are not equal, current empirical analysis has largely treated them as in the event that they were. Opinions are judged simply by binary outcomes, based mostly upon who gained or lost the case.

The seventh case, Apprendi v. New Jersey, could replicate a slightly totally different impact that could possibly be distinguished from case significance. This opinion was extremely disruptive of current law, holding that factual determinations underlying criminal sentencing require a jury’s determination. This claim could also be a bit too robust because a very unworkable choice on these matters would prove unhelpful to lower courts and presumably result in one other Court determination creating a greater precedent. However, even a moderately good determination, workable on the decrease court degree, would not essentially want overruling or revision. Any main Supreme Court choice on these questions could properly be highly cited.

For example, Cantwell is above the 99th percentile on the rating. While the exact which means of the community of citations is but obscure (due to limited research), the connections plainly comprise info for understanding the operation of stare decisis and figuring out key historic opinions.

These outcomes could also be categorized as liberal or conservative, however they deal with all liberal (or conservative) outcomes as in the event that they had been equal, though this is plainly not the case. In this Article, we seek to differentiate amongst judicial opinions, primarily based on the significance of the opinion in accordance with its subsequent citations. Although the opinion settled one narrow authorized query, it remained fairly important in the network of Supreme Court precedent. and is thought to be one of the most necessary Court opinions.

To the uncooked citation counts for the Supreme Court, we add a extra sophisticated calculation, which uses a community methodology to generate legal relevance scores. Network research are more and more used throughout the sciences to measure varied phenomena. District courts are certain to use the regulation of the circuit inside which they function. Hence, their citations could also be influenced by the filter of that circuit court.

The massive number of citations obtained by these instances seems to be attributable to the frequency of prisoner petitions for aid, usually introduced on a pro se foundation. The outcomes suggest that habeas corpus is by far an important topic for Supreme Court decisions, which appears questionable. None of these opinions seem on the Oxford list or the Congressional Quarterly record of essential selections, they usually have been never coated on the entrance web page of the New York Times. It seems to provide at least a rough approximation of instances which are generally thought of to be vital. Citation numbers on the Supreme Court look like an inexpensive operationalization of case importance.

The top of the listing is dominated by older cases, which have had extra alternatives to be cited, given their age. The high four instances embrace the basic warhorses of the early Court (McCulloch, Gibbons, and Marbury), which were also in the prime 4 opinions of Schwartz’s subjective record. An opinion that received no citations wouldn’t be influential in the law. The greater the variety of citations received by an opinion is a few testimony to its significance to the Court.

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