NCJ Number
119636
Journal
University of Cincinnati Law Review Volume: 57 Issue: 3 Dated: (1989) Pages: 935-986
Date Published
1989
Length
52 pages
Annotation
This study tests the assumptions that the Ohio Supreme Court drifted toward liberalism from 1970 to 1985 and that the justices became more contentious in the process.
Abstract
A total of 859 Supreme Court opinions comprised the study sample. Data were collected on the procedural basis for Supreme Court review or action, litigants, area of law, and case outcome. Contrary to expectations, there was no evidence of liberalization over the study period. The liberal decision rate was essentially the same in 1985 as in 1970. The only liberal movement came in the 1975 term, not in the 1980's. Analysis of voting patterns revealed an unexpected slight trend toward conservatism. Analysis of individual areas of law yielded no evidence of a growing liberalism in the court. In three of four areas of law, the liberal decision rate was higher in 1970 than in 1985; the exception was public law. Vote counts within individual areas of law also revealed no trend toward the left. Over the 16 years of the study, the Ohio Supreme Court remained a conservative institution. The assumed shift toward liberalism did not occur, and ideological differences were limited. Supplemental data on the study findings are contained in an appendix. 88 references, 16 tables.