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Court Fixing
(Arizona Law Review, 2001)
This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic ...
U.S. Energy and Environmental Interest Groups: Institutional Profiles
(Stanford Environmental Law Journal, 1992)
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
Judicial Independence and the Ambiguity of Article III Protections
(Ohio State Law Journal, 2003)
Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that ...
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals
(Florida State University Law Review, 2005)
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...
An Empirical Evaluation of Specialized Law Reviews
(Florida State University Law Review, 1999)
The sudden, rapid, and widespread increase in the number of specialized
law reviews has attracted relatively little scholarly attention
even though it is the most significant development in legal academic
publishing in ...
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?
(The Green Bag Almanac & Reader, 2009)
In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
How is Constitutional Law Made?
(Michigan Law Review, 2002)
Professors George and Pushaw review Maxwell L. Stearns’ book, "Constitutional Process: A Social Choice Analysis of Supreme Court decision making." In his book, Stearns demonstrates that the U.S. Supreme Court fashions ...
The New Old Legal Realism
(Northwestern University Law Review, 2011)
Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the ...
From Judge to Justice: Social Background Theory and the Supreme Court
(North Carolina Law Review, 2008)
The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts ...
Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals
(Ohio State Law Journal, 1998)
As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, ...