Sara Benesh, Ph.D.

sbenesh@uwm.edu

University of Wisconsin-Milwaukee

Country: United States (Wisconsin)

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About Me:

I am an Associate Professor of Political Science at the University of Wisconsin - Milwaukee.  I earned my PHD in 1999 from Michigan State University, studying under the incomparable Harold J. Spaeth.  I study all aspects of the Supreme Court, as well as the Circuit Courts, and am currently and particularly interested in institutional legitimacy.  I teach courses on civil rights and civil liberts, law and society, the Supreme Court, American Government, and research methods.

Research Interests

Judicial Politics

Legitimacy

Judicial Decision-Making

Criminal Justice Policy

U.S. Circuit Courts

U.S. Supreme Court

Countries of Interest

United States

Publications:

Journal Articles:

(2020) Advisors to Elites: Untangling Their Effect, Journal of Law and Courts

Because decision making is complicated, political elites seek advice when making decisions, and the ways in which they use that advice has systematic features. But, analyses of decision making among elites usually fail to account for advice. We take advantage of unique information about the advice provided to one set of elites to empirically uncover the effect of advice. Specifically, we examine law clerk recommendations on cert to Justice Blackmun. We find that, even after controlling for known determinants of cert and considering sequential decision making, the advice of a trusted advisor matters greatly.

(2008) Change Over Tenure: Voting, Variance, and Decision Making on the U.S. Courts of Appeals, American Journal of Political Science

Existing scholarship on the voting behavior of U.S. Courts of Appeals judges finds that their decisions are best understood as a function of law, policy preferences, and factors relating to the institutional context of the circuit court. What previous studies have failed to consider, however, is that the ability to predict circuit judge decisions can vary in substantively important ways and that judges, in different stages of their careers, may behave distinctively. This article develops a theoretical framework which conceptualizes career stage to account for variability in voting by circuit judges and tests hypotheses by modeling the error variance in a vote choice model. The findings indicate that judges are more predictable in their voting during their early and late career stages. Case characteristics and institutional features of the circuit also affect voting consistency.

(2006) Understanding Public Confidence in American Courts, Journal of Politics

While studies of public confidence in institutions have long been a part of the public opinion literature, systematic analysis of public confidence in America’s lower courts has been missing. This is troubling, especially since support for the rule of law is integral to a democracy and support for courts essential to the operation of the rule of law. I offer an explanation of public support for lower courts, finding that experience with courts, perceptions regarding the fairness of court procedures, and choices made over institutional design all play a role in explaining the public’s support for state courts.

Other:

(2019) The Supreme Court Database, Center for Empirical Research in Law

The Supreme Court Database is the definitive source for researchers, students, journalists, and citizens interested in the U.S. Supreme Court. The Database contains over two hundred pieces of information about each case decided by the Court between the 1791 and 2017 terms. Examples include the identity of the court whose decision the Supreme Court reviewed, the parties to the suit, the legal provisions considered in the case, and the votes of the Justices.