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A Case-Study of Trends for Courts and Judges:Information Added by Amici in Goodridge

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Abstract:

I address the question of what an amicus curiae brief adds in information for the Goodridge Court and its judges. Scholarship linked to this question suggests three hypotheses: (1) an amicus brief may add expert knowledge external to the information presented by the litigants’ briefs; (2) an amicus brief may bolster information presented by the litigants’ briefs; and (3) justices’ written opinions cite information independent of the briefs of litigants and amici.
Goodridge v. Department of Public Health (2003) is a significant case to select for such a study because it redefined the traditional meaning of marriage (between opposite-sex couples) to include same-sex couples. While it is known that one or more of the briefs filed by amici are cited by one or more of the justices regarding the meanings of marriage, including the implications for family values in the context of those meanings, only a close reading of the litigants’ briefs, amici briefs, and the justices’ separate opinions can reveal whether or not a given judicial citation of a given amicus brief is for the information found in it that is independent of that found in litigants’ briefs or other Court sources cited for information.
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Name: Southern Political Science Association
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MLA Citation:

Whitney, Sharon. "A Case-Study of Trends for Courts and Judges:Information Added by Amici in Goodridge" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, LA, Jan 03, 2007 <Not Available>. 2013-12-16 <http://citation.allacademic.com/meta/p142069_index.html>

APA Citation:

Whitney, S. G. , 2007-01-03 "A Case-Study of Trends for Courts and Judges:Information Added by Amici in Goodridge" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, LA <Not Available>. 2013-12-16 from http://citation.allacademic.com/meta/p142069_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: I address the question of what an amicus curiae brief adds in information for the Goodridge Court and its judges. Scholarship linked to this question suggests three hypotheses: (1) an amicus brief may add expert knowledge external to the information presented by the litigants’ briefs; (2) an amicus brief may bolster information presented by the litigants’ briefs; and (3) justices’ written opinions cite information independent of the briefs of litigants and amici.
Goodridge v. Department of Public Health (2003) is a significant case to select for such a study because it redefined the traditional meaning of marriage (between opposite-sex couples) to include same-sex couples. While it is known that one or more of the briefs filed by amici are cited by one or more of the justices regarding the meanings of marriage, including the implications for family values in the context of those meanings, only a close reading of the litigants’ briefs, amici briefs, and the justices’ separate opinions can reveal whether or not a given judicial citation of a given amicus brief is for the information found in it that is independent of that found in litigants’ briefs or other Court sources cited for information.

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