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Vote Not Clearly Specified
Variable Name
Spaeth Name
2 [ view ]

The votes in a case are those specified in the opinions.
Do note, however, that the majority opinion in a number of Marshall Court decisions reports that unnamed justices were in disagreement about the resolution of the case. These do not identify who the dissenters were. We, therefore, look to the majority opinion itself to specify who voted how.

In the vast majority of cases, the individual justices clearly indicate whether or not they agree with the disposition made by the majority. For a small number of cases clarity may be lacking, as when a justice concurs in part and dissents in part. A justice will typically use this or equivalent language to indicate agreement with the reasoning in a portion of the majority opinion while disagreeing with the majority's disposition of the case, or vice-versa.

A close reading of the justice's opinion usually indicates whether he or she has concurred (i.e., agreed with the majority's disposition) or dissented from the disposition made by the majority. But in the rare case where a justice does not clearly indicate which it is, this variable will so indicate.
0 vote clearly specified
1 the vote in the case not clear
Identification Variables
Background Variables
Chronological Variables
Substantive Variables
Outcome Variables
Voting & Opinion Variables

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