FIND DATA: By Author | Journal | Sites   ANALYZE DATA: Help with R | SPSS | Stata | Excel   WHAT'S NEW? US Politics | Int'l Relations | Law & Courts
   FIND DATA: By Author | Journal | Sites   WHAT'S NEW? US Politics | IR | Law & Courts
If this link is broken, please report as broken. You can also submit updates (will be reviewed).
Insights from the Field

Supreme Court Citations Follow Network Dynamics, Not Just Case Traits


Supreme Court
citations
ERGM
dyadic analysis
network dependence
Law Courts Justice
Pol. An.
15 R files
2 text files
10 datasets
13 PDF files
3 other files
Dataverse
Generative Dynamics of Supreme Court Citations: Analysis With a New Statistical Network Model was authored by Christian Schmid, Ted Hsuan Yun Chen and Bruce Desmarais. It was published by Cambridge in Pol. An. in 2022.

The authority of U.S. Supreme Court majority opinions rests largely on their use as precedents. Existing studies of citation patterns face two key limitations: dyadic citations are usually aggregated to the case level, and citations are treated as if they arise independently. This paper presents a method that addresses both issues and models citations at the dyadic, network level.

🗂️ A New Dyadic Network Approach

The citation exponential random graph model (citation ERGM) is introduced as a way to treat citations between opinions as a network tie rather than independent events. User-friendly software accompanies the model, enabling researchers to simultaneously estimate:

  • the effects of observable case characteristics on citation formation, and
  • complex forms of network dependence that shape citation behavior.

📚 What Was Analyzed: All Supreme Court Opinions, 1950–2015

  • Network data include every Supreme Court case decided between 1950 and 2015.
  • Citations are modeled at the dyadic (opinion-to-opinion) level rather than aggregated to cases.
  • The accompanying software implements the citation ERGM for applied use.

🔍 Key Findings

  • Strong evidence of network dependence processes in citation formation, including reciprocity, transitivity, and popularity.
  • These dependence effects are both substantively and statistically as important as traditional exogenous covariates (case characteristics).
  • Treating citations as independent or aggregating dyads to cases can obscure these network processes.

💡 Why This Matters

  • Models of Supreme Court citations should incorporate both case attributes and the structure of past citations to accurately capture precedent formation.
  • The citation ERGM and its software provide a practical tool for researchers interested in the generative dynamics of legal citations and the social structure of judicial precedent.
data
Find on Google Scholar
Find on JSTOR
Find on CUP
Political Analysis
Podcast host Ryan