Continuity and change in the common law: The Illinois Supreme Court's tort policies, 1971 to 1997.

摘要

Judicial decisions in Illinois appellate level courts are examined. Decisions are examined as both the voting patterns of Illinois Supreme Court justices, and the rationales for the decisions made. Each type of decision requires varying analytical tools.; A total of 12 justices of the Illinois Supreme Court and Illinois Appellate Courts were interviewed in a semi-structured interview format to elicit details about the decision making process. In addition, 168 tort cases brought to the Illinois Supreme Court between 1971 and 1997 were examined using both quantitative and qualitative research methods were applied to these cases.; The findings of logit regression analysis found indicate that judicial voting patterns are influenced by characteristics of individual justices, characteristics of the litigation in each case, and the interest groups who filed "friend of the court" briefs. Qualitative research methods shows that decision making routines and cultural pressures, expressed in legal journals, affect policy choices. Appellate level justices do have personal preferences for some case outcomes, however, this is tempered by the influence of role expectations, reverence for rules of law and the persuasion of judges and lawyers. The nature of legal commentary and Appellate Court decisions can foretell when the Supreme Court's policies will be in a state of flux or remain stable.