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http://ssrn.com/abstract=486148
 
 

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Searching for the Soul of Judicial Decisionmaking: An Empirical Study of Religious Freedom Decisions


Gregory C. Sisk


University of St. Thomas School of Law (Minnesota)

Michael Heise


Cornell Law School

Andrew P. Morriss


University of Alabama School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus Center


Ohio State Law Journal, Vol. 65, No. 3, 2004
Cornell Legal Studies Research Paper No. 04-015
Case Legal Studies Research Paper No. 04-17

Abstract:     
During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much less has been written about whether judges' religious convictions do affect judicial decrees, that is, whether religious beliefs influence court decisions, consciously or unconsciously. In this comprehensive empirical study of federal circuit and district judges deciding religious freedom cases, the vitality of religious variables to a more complete understanding of judicial decisionmaking is abundantly clear. Indeed, the single most prominent, salient, and consistent influence on judicial decisionmaking was religion - religion in terms of affiliation of the claimant, the background of the judge, and the demographics of the community, independent of other background and political variables commonly used in empirical tests of judicial behavior. Thus, in light of the findings of this study, when searching for the soul of judicial decisionmaking in the legal or political sense, we must not neglect the presence and influence upon the judicial process of matters that affect the soul in the theological sense.

Number of Pages in PDF File: 125

Keywords: Constitution, religion, judges, judicial decisionamking, empirical

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Date posted: January 16, 2004  

Suggested Citation

Sisk, Gregory C. and Heise, Michael and Morriss, Andrew P., Searching for the Soul of Judicial Decisionmaking: An Empirical Study of Religious Freedom Decisions. Ohio State Law Journal, Vol. 65, No. 3, 2004; Cornell Legal Studies Research Paper No. 04-015; Case Legal Studies Research Paper No. 04-17. Available at SSRN: http://ssrn.com/abstract=486148

Contact Information

Gregory C. Sisk (Contact Author)
University of St. Thomas School of Law (Minnesota) ( email )
MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
651-962-4892 (Phone)

Michael Heise
Cornell Law School ( email )
310 Myron Taylor Hall
Ithaca, NY 14853-4901
United States
607-255-0069 (Phone)
607-255-7193 (Fax)
Andrew P. Morriss
University of Alabama School of Law ( email )
P.O. Box 870382
Tuscaloosa, AL 35487
United States
PERC - Property and Environment Research Center ( email )
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States
George Mason University - Mercatus Center ( email )
3401 N. Fairfax Dr.
Ste. 450
Arlington, VA 22201-4433
United States
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