Justice Sotomayor and the Jurisprudence of Procedural Justice

Abstract

In this Essay, Professors Tyler and Meares highlight the ways in which recent social science research supports the model of jurisprudence articulated by Justice Sotomayor. Her model defines building identification with political and legal institutions as an important goal for the Court. It further suggests that this goal is best achieved when the Court exercises its authority using just procedures. That perspective is consistent with research on the foundations of popular legitimacy demonstrating that perceived procedural justice of the Court most strongly shapes it. Social science findings further reveal the factors shaping popular conceptions of procedural justice.