Hinkle, Rachael K.
(2016)
How states learn from the success or failure of other states’ laws in federal courts.
USApp– American Politics and Policy Blog
(13 Jan 2016).
Website.
Abstract
Why make the same mistakes as those who have gone before you? In new research into state lawmaking, Rachael K. Hinkle finds that legislators often put that principle into practice. She finds that when the Supreme Court rules that a state’s law is constitutional, it is 27 percent more likely that another state will adopt that same type of law. In addition, using software originally designed to detect plagiarism, she also uncovers that these other states will borrow up to 7 percent of the law’s text, a probability which triples if a state’s own federal circuit court declares the law to be constitutional.
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