Multiple regime shifts in concurring and dissenting opinions on the U.S. Supreme Court

Smyth, Russell and Narayan, Paresh Kumar 2006, Multiple regime shifts in concurring and dissenting opinions on the U.S. Supreme Court, Journal of empirical legal studies, vol. 3, no. 1, pp. 79-98.

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Title Multiple regime shifts in concurring and dissenting opinions on the U.S. Supreme Court
Author(s) Smyth, Russell
Narayan, Paresh Kumar
Journal name Journal of empirical legal studies
Volume number 3
Issue number 1
Start page 79
End page 98
Publisher Blackwell
Place of publication Oxford, England
Publication date 2006
ISSN 1740-1453
1740-1461
Summary In a previous issue of this journal, Smyth and Narayan (2004) examine structural change in the level of consensus on the High Court of Australia. In this article we adopt a similar strategy to that employed in Smyth and Narayan (2004) to estimate both the number and location of structural breaks in concurring and dissenting opinions on the U.S. Supreme Court. Although it has commonly been believed that there has been one regime shift on the U.S. Supreme Court, corresponding to the breakdown in the consensual norm in the 1930s or 1940s, we find that there have been three breaks in consensus. We find that two of the three breaks in dissenting opinions correspond closely to the beginning of the terms of Taney and Stone as Chief Justice, with the third occurring in the middle of Chase's term. We find that two of the three breaks in concurring opinions correspond closely to the beginning of the terms of Taney and Hughes and that the third break in concurring opinions occurs in the middle of the Warren Court.
Language eng
Field of Research 140210 International Economics and International Finance
HERDC Research category C1.1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30018632

Document type: Journal Article
Collection: School of Accounting, Economics and Finance
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