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The quest for empirical evidence of strategic judicial behavior has produced mixed results. This study finds such evidence in the decisions made while crafting an opinion. Central to any opinion is which precedents are cited and whether their scope is limited (negative treatment) or expanded (positive treatment). I look for evidence of strategic anticipation of en banc review in these decisions using an original dataset of published search and seizure cases from the U.S. Courts of Appeals from 1953 to 2010. A panel is less likely to negatively treat a precedent with which the full circuit is more closely aligned. Circuit preferences also have an effect on citation itself, but only when the panel is at least moderately aligned with a precedent. Moreover, the panel's own ideology is only a significant predictor of citation when the full circuit is favorably disposed toward a particular precedent. [ABSTRACT FROM AUTHOR]

Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from consequences – The use of social propositions [ABSTRACT FROM PUBLISHER]

Astrobiology's goal of promoting interdisciplinary research is an attempt to reverse a trend that began two centuries ago with the formation of the first specialized scientific disciplines. We have examined this era of discipline formation in order to make a comparison with the situation today in astrobiology. Will astrobiology remain interdisciplinary or is it becoming yet another specialty ? As a case study, we have investigated effects on the scientific literature when a specialized community is formed by analyzing the citations within papers published during 1802-1856 in Philosophical Transactions of the Royal Society (Phil. Trans.), the most important 'generalist ' journal of its day, and Transactions of the Geological Society of London (Trans. Geol. Soc.), the first important disciplinary journal in the sciences. We find that these two journals rarely cited each other, and papers published in Trans. Geol. Soc. cited fewer interdisciplinary sources than did geology papers in Phil. Trans. After geology had become established as a successful specialized discipline, geologists returned to publishing papers in Phil. Trans., but they wrote in the new, highly specialized style developed in Trans. Geol. Soc. They had succeeded in not only creating a new scientific discipline, but also a new way of doing science with its own modes of research and communication. A similar citation analysis was applied to papers published over the period 2001-2008 in the contemporary journals Astrobiology and the International Journal of Astrobiology to test the hypothesis that astrobiologists are in the early stages of creating their own specialized community. Although still too early to reliably detect any but the largest trends, there is no evidence yet that astrobiologists are drifting into their own isolated discipline. Instead, to date they appear to remain interdisciplinary. [ABSTRACT FROM AUTHOR]

The article offers information related to manuscripts of the articles, titles, and citations; along with table of contents.

Dr Anne McLaren has disputed the interpretation of the Vindiciae, contra tyrannos (1579) as a work in which Roman and canon law were fundamental. She correctly identifies Quentin Skinner and me with this interpretation. She bases her case on two sorts of evidence: the alleged paucity of Roman law citations, as compared with scriptural ones, in the margins of the original text; and our alleged failure to appreciate the 'context' of the Vindiciae, which, she suggests, means how it was translated and used in England, primarily in the seventeenth century. This response argues that she has seriously underestimated the number of legal citations, ignored the use of legal material which is not cited in the margins, and failed to appreciate that Scripture is interpreted in accordance with the categories and principles of Roman and canon law. It further argues that sixteenth-century France, not seventeenth-century England, is the proper 'context' in which to understand the book; and that substituting her assessment of English interpretations for what the original says is illegitimate. [ABSTRACT FROM AUTHOR]

The article presents findings from the study that was carried out to ascertain the meaning of legal citations by examining their use in state wrongful discharge precedent cases and by distinguishing between strong and weak forms of citation in the U.S. The principal question considered is whether or to what extent, citations in these cases conform to pattern consistent with inter-court influence on decision making, or whether the pattern is more in keeping with a primary function of legitimation. The study findings suggest that legitimation as a primary motive for use of citations includes the greater breadth and frequency of citations in situations where acceptability of decisions is more in question, particularly when new legal doctrines are being adopted and those doctrines are relatively far-reaching. The view of citations as substantively meaningful receives support from findings that courts producing longer opinions were more likely to be cited and that courts sometimes discuss other states' cases at length and directly attribute influence to them.