The attitudinal model has been the dominant explanation for judicial behavior for the last twenty years. However, political scientists have found that the attitudinal model is not adequate to explain the outcomes in cases involving foreign policy. Instead, it appears that other considerations, such as the interests of the United States, weigh more heavily on judges.
Legal scholars have anecdotally noted a similar trend in cases involving international law. This paper, part of a doctoral dissertation, wishes to put these anecdotal observations to the test. Utilizing a dataset of international law cases before the U.S. Supreme Court and the Courts of Appeals, it examines whether the attitudinal model holds sway in these cases.
It is my theory that the interests of the United States as expressed by the political branches, particularly the Executive branch, will prove to be the significant factor in explaining judicial decision-making in this area. Only in cases where the political branches have failed to state a preference will the attitudinal model prevail.
Using a logit analysis of case outcomes, I examine the decisions made by courts in cases involving international law. The presence of the United States as either a party or through filings of amicus briefs will be used to determine if the United States has an interest and what that interest is. I find that cases in which the government participates are decided in line with those expressed preferences. Where, however, the government takes no position, the attitudinal model prevails.
","abstract_html":"<p>The attitudinal model has been the dominant explanation for judicial behavior for the last twenty years. However, political scientists have found that the attitudinal model is not adequate to explain the outcomes in cases involving foreign policy. Instead, it appears that other considerations, such as the interests of the United States, weigh more heavily on judges.</p> <p>Legal scholars have anecdotally noted a similar trend in cases involving international law. This paper, part of a doctoral dissertation, wishes to put these anecdotal observations to the test. Utilizing a dataset of international law cases before the U.S. Supreme Court and the Courts of Appeals, it examines whether the attitudinal model holds sway in these cases.</p> <p>It is my theory that the interests of the United States as expressed by the political branches, particularly the Executive branch, will prove to be the significant factor in explaining judicial decision-making in this area. Only in cases where the political branches have failed to state a preference will the attitudinal model prevail.</p> <p>Using a logit analysis of case outcomes, I examine the decisions made by courts in cases involving international law. The presence of the United States as either a party or through filings of amicus briefs will be used to determine if the United States has an interest and what that interest is. I find that cases in which the government participates are decided in line with those expressed preferences. Where, however, the government takes no position, the attitudinal model prevails.</p>","abstract_has_math":false,"creators":["Tauber, Alan Michael"],"institution":null,"degree_name":"M.A.","degree_level":"Campus Access Thesis","degree_discipline":"Political Science","degree_department":null,"school":null,"contributors":["Donald R. Songer"],"advisors":[],"committee_chairs":[],"committee_members":[],"year":2010,"date_issued":"2010-01-01T08:00:00Z","date_published":"2010-01-01T08:00:00Z","updated_at":"2026-07-24T04:36:50Z","subjects":["Political Science","Social and Behavioral Sciences","attitudinal model","empirical","International law","Judicial decisionmaking","legal model","Supreme Court"],"languages":[],"rights":["© 2010, Alan Michael Tauber"],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"https://scholarcommons.sc.edu/etd/279","outbound_label":"Repository record","outbound_source":"dc:identifier"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor","label":"Contributor","values":["Donald R. Songer"]},{"key":"dc:creator","label":"Author","values":["Tauber, Alan Michael"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"thesis:degree_discipline","label":"Discipline","values":["Political Science"]},{"key":"thesis:degree_level","label":"Degree Level","values":["Campus Access Thesis"]},{"key":"thesis:degree_name","label":"Degree Name","values":["M.A."]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Political Science","Social and Behavioral Sciences","attitudinal model","empirical","International law","Judicial decisionmaking","legal model","Supreme Court"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:rights","label":"Dc Rights","values":["© 2010, Alan Michael Tauber"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier","label":"Identifier","values":["https://scholarcommons.sc.edu/etd/279"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["The attitudinal model has been the dominant explanation for judicial behavior for the last twenty years. However, political scientists have found that the attitudinal model is not adequate to explain the outcomes in cases involving foreign policy. Instead, it appears that other considerations, such as the interests of the United States, weigh more heavily on judges.
Legal scholars have anecdotally noted a similar trend in cases involving international law. This paper, part of a doctoral dissertation, wishes to put these anecdotal observations to the test. Utilizing a dataset of international law cases before the U.S. Supreme Court and the Courts of Appeals, it examines whether the attitudinal model holds sway in these cases.
It is my theory that the interests of the United States as expressed by the political branches, particularly the Executive branch, will prove to be the significant factor in explaining judicial decision-making in this area. Only in cases where the political branches have failed to state a preference will the attitudinal model prevail.
Using a logit analysis of case outcomes, I examine the decisions made by courts in cases involving international law. The presence of the United States as either a party or through filings of amicus briefs will be used to determine if the United States has an interest and what that interest is. I find that cases in which the government participates are decided in line with those expressed preferences. Where, however, the government takes no position, the attitudinal model prevails.
"]},{"key":"dc:title","label":"Title","values":["International Law In the Supreme Court of the United States: An Empirical Analysis"]}]}],"canonical_facts":{"dc:contributor":["Donald R. Songer"],"dc:creator":["Tauber, Alan Michael"],"dc:description.abstract":["The attitudinal model has been the dominant explanation for judicial behavior for the last twenty years. However, political scientists have found that the attitudinal model is not adequate to explain the outcomes in cases involving foreign policy. Instead, it appears that other considerations, such as the interests of the United States, weigh more heavily on judges.
Legal scholars have anecdotally noted a similar trend in cases involving international law. This paper, part of a doctoral dissertation, wishes to put these anecdotal observations to the test. Utilizing a dataset of international law cases before the U.S. Supreme Court and the Courts of Appeals, it examines whether the attitudinal model holds sway in these cases.
It is my theory that the interests of the United States as expressed by the political branches, particularly the Executive branch, will prove to be the significant factor in explaining judicial decision-making in this area. Only in cases where the political branches have failed to state a preference will the attitudinal model prevail.
Using a logit analysis of case outcomes, I examine the decisions made by courts in cases involving international law. The presence of the United States as either a party or through filings of amicus briefs will be used to determine if the United States has an interest and what that interest is. I find that cases in which the government participates are decided in line with those expressed preferences. Where, however, the government takes no position, the attitudinal model prevails.
"],"dc:identifier":["https://scholarcommons.sc.edu/etd/279"],"dc:rights":["© 2010, Alan Michael Tauber"],"dc:subject":["Political Science","Social and Behavioral Sciences","attitudinal model","empirical","International law","Judicial decisionmaking","legal model","Supreme Court"],"dc:title":["International Law In the Supreme Court of the United States: An Empirical Analysis"],"thesis:degree_discipline":["Political Science"],"thesis:degree_level":["Campus Access Thesis"],"thesis:degree_name":["M.A."]},"updated_at":"2026-07-24T04:36:50Z"}