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The emergence and dissemination of new legal ideas can play an important role in sparking change in the way activists in marginalized communities understand their rights and pursue their objectives. How and why do the legal beliefs of such communities evolve? We argue that the vigorous advocacy of new legal ideas by entrepreneurs and the harnessing of specialized media to help disseminate those ideas are important mechanisms in this evolution. We use the rise of marriage equality as a central legal priority in the mainstream American LGBTQ+ rights movement as a case study to illustrate this phenomenon. Using a mixed-methods analysis of Evan Wolfson’s legal advocacy and an examination of The Advocate, we investigate how Wolfson developed and disseminated legal ideas about same-sex marriage. We show how this advocacy eventually dominated discussion of the issue among elite LGBTQ+ legal actors and the nation’s largest LGBTQ+ publication. However, Wolfson’s advocacy tended to emphasize LGBTQ+ integration into “mainstream” American culture and prioritized the interests and values of relatively privileged subgroups within the LGBTQ+ community. Our research informs our understanding of the interplay between legal advocacy and media reporting in the development of LGBTQ+ rights claims and the strategies adopted to achieve them.
Scholars have long questioned whether and how courts influence society. We contribute to this debate by investigating the ability of judicial decisions to shape issue attention and affect toward courts in media serving the LGBTQ+ community. To do so, we compiled an original database of LGBTQ+ magazine coverage of court cases over an extended period covering major decisions, including Lawrence v. Texas (2003), Goodridge v. Massachusetts Department of Public Health (2003), and Lofton v. Secretary of Department of Children & Family Services (2004). We argue these cases influence the volume and tone of LGBTQ+ media coverage. Combining computational social science techniques with qualitative analysis, we find increased attention to same-sex marriage after the decisions in Lawrence, Goodridge, and Lofton, and the coalescence of discussions of courts around same-sex marriage after Lawrence. We also show how LGBTQ+ media informed readers about the political and legal implications of struggles over marriage equality.
While Supreme Court cases are generally salient or important, some are many degrees more important than others. A wide range of theoretical and empirical work throughout the study of judicial politics implicates this varying salience. Some work considers salience a variable to be explained, perhaps with judicial behavior the explanatory factor. The currently dominant measure of salience is the existence of newspaper coverage of a decision, but decisions themselves are an act of judicial politics. Because this coverage measure is affected only after a decision is announced, using it limits the types of inferences we can draw about salience. We develop a measure of latent salience, one that builds on existing work, but that also explicitly incorporates and models predecision information. This measure has the potential to ameliorate concerns of causal inference, put research findings on sounder footing, and add to our understanding of judicial behavior.
Scholars studying judicial behavior have identified a host of factors theoretically and empirically connected to judicial decision making. One recent theory identifies economic conditions—which have implications for the decisions of voters and politicians—as influencing the voting behavior of US Supreme Court justices. Yet the US Supreme Court is a unique judicial institution addressing limited—though indisputably important—economic cases every year. State courts, on the other hand, address a multitude of issues every year with economic ramifications. Building on the rich body of literature examining state courts of last resort, I analyze whether judges, across a variety of methods for judicial selection and retention, respond to temporary changes in the state of the economy. Results indicate that the responses of state supreme court judges to changes in the state of the economy are conditional on the electoral vulnerability of the justice. This research thus offers considerable insight into judicial behavior under different selection mechanisms and the conditional influence of the state of the economy.
The opinions of the US Supreme Court are central to volumes of research on law, courts, and politics. To understand these complex and often-lengthy documents, scholars frequently rely on dichotomous indicators of opinion content. While sometimes appropriate, for many research settings this simplification of opinion content systematically omits important information. Using all US Supreme Court opinions from 1803 to 2010 in association with structural topic models, I instead demonstrate the value of representing the Court’s attention in opinions in terms of topic proportions.
Contemporary dictionary-based approaches to sentiment analysis exhibit serious validity problems when applied to specialized vocabularies, but human-coded dictionaries for such applications are often labor-intensive and inefficient to develop. We demonstrate the validity of “minimally-supervised” approaches for the creation of a sentiment dictionary from a corpus of text drawn from a specialized vocabulary. We demonstrate the validity of this approach in estimating sentiment from texts in a large-scale benchmarking dataset recently introduced in computational linguistics, and demonstrate the improvements in accuracy of our approach over well-known standard (nonspecialized) sentiment dictionaries. Finally, we show the usefulness of our approach in an application to the specialized language used in US federal appellate court decisions.
We examine a problem that is confronted frequently by political science researchers seeking to model longitudinal data: what to do when one suspects a lag between the realization of a regressor and its effect on the outcome variable, but one has no theoretical reason to suspect a particular lag length. We examine the theoretical challenges posed by atheoretic lags, review existing methods for atheoretic lag analysis—most notably distributed lag specifications—and their shortcomings, and present an alternative approach for atheoretic lag analysis based on Bayesian model averaging (BMA). We demonstrate the use and utility of our approach with two examples: the litigant signal model in American politics and modernization theory in political economy. Our examples show the increasing difficulty of analyzing models with atheoretic lags as the set of possible specifications increases, and demonstrate the effectiveness of BMA for the modal type of specification in time-series cross-sectional applications.
When the Supreme Court takes action, it establishes national policy within an issue area. A traditional, legal view holds that the decisions of the Court settle questions of law and thereby close the door on future litigation, reducing the need for future attention to that issue. Alternatively, an emerging interest group perspective suggests the Court, in deciding cases, provides signals that encourage additional attention to particular issues. I examine these competing perspectives of what happens in the federal courts after Supreme Court decisions. My results indicate that while Supreme Court decisions generally settle areas of law in terms of overall litigation rates, they also introduce new information that leads to increases in the attention of judges and interest groups to those particular issues.
The 2005 articles by Stoltman et al. and Flannery et al. to which Neff et al. (this issue) have responded are not an indictment of instrumental neutron activation analysis (INAA) but, rather, of the way Blomster et al. (2005) misuse it and of the hyperbolic culture-historical claims they have made from their INAA results. It has long been acknowledged that INAA leads not to sources but to chemical composition groups. Based on composition groups derived from an extremely unsystematic collection of sherds from only seven localities, Blomster et al. claim that the Olmec received no carved gray or kaolin white pottery from other regions; they also claim that neighboring valleys in the Mexican highlands did not exchange such pottery with each other. Not only can one not leap directly from the elements in potsherds to such sweeping culture-historical conclusions, it is also the case that other lines of evidence (including petrographic analysis) have for 40+ years produced empirical evidence to the contrary. In the end, it was their commitment to an unfalsifiable model of Olmec superiority that led Blomster et al. to bypass the logic of archaeological inference.
The construction of nanoscale devices is a potentially important area of technology. Efforts in this area of chemistry have largely concentrated on the preparation of rigid organic molecules for use as spacers. These compounds are used to separate electronically active units, usually metal complexes, by defined distances.
We have been investigating the use of fullerenes as connectors in the construction of these extended assemblies. In this paper we will present our results on the preparation of these compounds, including discussions of the regiochemistry of the second addition of a nitrile oxide to a fullerene isoxazoline.
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