Modeling Judicial Federalism: Predictors of State Court Protections of Defendants' Rights Under State Constitutions, 1969-1989

Staci L. Beavers and Jeffrey S. Walz

Publius: The Journal of Federalism, vol. 28, issue 2, 43-59

Abstract: Drawing on data collected by Barry Latzer and using a logistic regression model that employs pooled time-series, this article tests a variety of factors for their impact on state high court decisions to diverge from U.S. Supreme Court criminal procedure doctrines from 1969 to 1989. Several factors predict the development of independent state doctrines protective of civil liberties, including popular-vote retention elections and longer terms of office for state court justices, high court reputations, state wealth, and regional distinctions (with western courts most likely to advance individual rights). This study represents only a small step in understanding an area of judicial behavior that has been long ignored in the political science literature. Copyright , Oxford University Press.

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