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Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals

dc.contributor.authorGeorge, Tracey E., 1967-
dc.identifier.citation58 Ohio St. L.J. 1635 (1998)en_US
dc.description.abstractAs 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, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's central function in the growing debate.en_US
dc.format.extent1 document (63 pages)en_US
dc.publisherOhio State Law Journalen_US
dc.subject.lcshUnited States. Courts of Appeals -- Decision-makingen_US
dc.subject.lcshJudicial discretion -- United Statesen_US
dc.titleDeveloping a Positive Theory of Decisionmaking on U.S. Courts of Appealsen_US

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