NCJ Number
118370
Journal
University of Cincinnati Law Review Volume: 57 Issue: 3 Dated: (1989) Pages: 935-986
Date Published
1989
Length
52 pages
Annotation
This study tested 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
Contrary to expectations, there was no evidence of liberalization over the four terms. The Liberal Decision Rate was essentially the same in 1985 (33 percent) as in 1970 (31.2 percent). The only liberal movement came not in the 1980s but in the 1975 term when the rate reached a high of 42.4 percent. Analysis of voting patterns revealed an unexpected slight trend toward conservatism. Likewise, analysis of individual subject areas yielded no evidence of a growing liberalism in the court. In three of four subjects, the exception being public law, the Liberal Decision Rate was higher in 1970 than in 1985. Vote counts within individual subjects also revealed no trend toward the left. Three of four categories showed lower Liberal Voting Rates in 1985 than in 1970 with the exception again being public law. Expectations of ideological disagreement were fulfilled in part. Most of the controversy centered on questions of tort law. It was concluded that over the 16 years of the survey, the Ohio Supreme Court has remained a conservative institution. 16 tables, 88 notes, and appendix.