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Measuring the Influence of Supreme Court Justices

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  • Kosma, Montgomery N

Abstract

This empirical study measures the influence of ninety-nine retired Supreme Court justices, analyzing over 1.2 million citations to over 24,000 opinions of the Court written between 1793 and 1991. It models the appointment process as the selection of a capital investment, treating a justice's output as the precedents generated each term and using citations as a proxy or an opinion's value. This model is applied to the retired justices and their opinions, and its consistency is tested by independently analyzing citations by subsequent Supreme Court and circuit court opinions. Influence values also demonstrably track the results of a well-known survey of judicial greatness. The study challenges several common assumptions. Older appointees have been no less influential than young appointees, and, on an annual basis, older appointees have actually been more influential. Private attorneys have made the most influential appointees, and former judges show no special advantages. Copyright 1998 by the University of Chicago.

Suggested Citation

  • Kosma, Montgomery N, 1998. "Measuring the Influence of Supreme Court Justices," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 333-372, June.
    • Handle: RePEc:ucp:jlstud:v:27:y:1998:i:2:p:333-72
    DOI: 10.1086/468023
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    Cited by:

    1. Lara Wemans & Manuel Coutinho Pereira, . "Productivity in civil justice in Portugal: A crucial issue in a congested system," Economic Bulletin and Financial Stability Report Articles and Banco de Portugal Economic Studies, Banco de Portugal, Economics and Research Department.
    2. Rohit Aggarwal & Ram Gopal & Ramesh Sankaranarayanan & Param Vir Singh, 2012. "Blog, Blogger, and the Firm: Can Negative Employee Posts Lead to Positive Outcomes?," Information Systems Research, INFORMS, vol. 23(2), pages 306-322, June.
    3. Lara Wemans & Manuel Coutinho Pereira, 2017. "Productivity in civil justice in Portugal: A crucial issue in a congested system," Economic Bulletin and Financial Stability Report Articles and Banco de Portugal Economic Studies, Banco de Portugal, Economics and Research Department.
    4. Stephen J. Choi & G. Mitu Gulati, 2008. "Bias in Judicial Citations: A Window into the Behavior of Judges?," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 87-129, January.

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