Creating the Law

Michael K. Romano received his Ph.D. in 2014 from Western Michigan University and is an Assistant Professor in the Political Science Department at Shenandoah University. His research focuses on how elite actors – specifically judges in both the federal and state courts in the United States and members of Congress – craft language in order to affect policy goals and political outcomes. His work has been published in Justice System Journal, Social Science Quarterly, and PS: Political Science & Politics.Todd A. Curry received his Ph.D. in political science at Western Michigan University in 2012, and is an Assistant Professor in the Political Science Department at University of Texas, El Paso. His primary area of research is State Courts of Last Resort in the United States, as well as indigenous peoples and the law and diversity in higher education. His work has been published in Justice System Journal, American Review of Politics, PS: Political Science & Politics, and The Journal of Politics.

"Romano and Curry add to a growing literature on judicial decision-making that moves beyond simply studying judge votes to examine opinion content. in this book, they provide a clear theoretical explanation for how the language in state high court opinions is influenced by strategic concerns related to their colleagues on the bench and relevant external actors. The book will be highly valuable to scholars of law, judicial politics, and political communications." — Michael P Fix, Georgia State University"One of the first comprehensive books about opinion-writing on state high courts, Romano and Curry capture the motivations of state high court justices in this stage by focusing on the justices as representatives of specific audiences. In examining the detail of the language used in opinions, the authors bring together our understanding of political communication and judicial decision-making as we learn that justices change how they write opinions for the audiences most important to them. This new understanding of opinion-writing and novel approach to studying it add much to the literature. This work will serve as an important base to scholars who will examine the intersections of state high courts, opinion-writing, and political communication in the future." — Meghan E. Leonard, Associate Professor, Illinois State UniversityIn Creating the Law, Romano and Curry turn a laser-sharp focus toward a heretofore unexplored aspect of state supreme court politics: the linguistic strategies of justification and persuasion utilized by justices when crafting opinions. This pathbreaking study includes fascinating discussions of the justices’ framing strategies for minimizing adverse reactions from various audiences, the ubiquitous influence of retention politics, the impact of language on unanimity, and differences between signed and per curiam opinions. Without question, this innovative new research breaks new ground theoretically and empirically and thus is an essential must-read in the fields of political science and law." — Melinda Gann Hall, Michigan State University

• 1. Introduction 2. Judicial Representation, Written Opinions, and Audiences 3. Writing for An Audience: Framing and Opinion Content 4. Accommodating for Dissent: The Effect of Minority Voices on Majority Opinions 5. Efficiency or Strategy: Per Curiam Usage on State Supreme Courts 6. The Political Ramifications of Opinion Content: Unanimity and Strategic Writing 7. Conclusion Appendix A Appendix B