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Birth Of An Institution: Horace Gray And The Lost Law Clerks, Todd C. Peppers Jan 2007

Birth Of An Institution: Horace Gray And The Lost Law Clerks, Todd C. Peppers

Scholarly Articles

In a vault hidden away in a downtown Boston bank rests a large silver loving cup. The cup was presented to Associate Justice Horace Gray on March 22, 1902 by his law clerks, and engraved on its tarnished surface are the names of the nineteen Harvard Law School graduates who served as Justice Gray’s law clerks. While the details surrounding the presentation of the cup have been lost to history, the gift was likely prompted by the failing health of Justice Gray and his future departure from the Supreme Court. The loving cup is still held by the Gray family, …


The Etiology Of The Occurrence Of En Banc Review In The U.S. Court Of Appeals, Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn, Todd C. Peppers Jan 2007

The Etiology Of The Occurrence Of En Banc Review In The U.S. Court Of Appeals, Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn, Todd C. Peppers

Scholarly Articles

The U.S. Courts of Appeals, working principally through three-judge panels, constitute important final arbiters of the meaning of the federal constitution, laws, and regulations and, hence, significant policymakers within the federal system. En banc rehearing-reconsideration of the decision of a three-judge panel by the full complement of judges appointed to the circuit-is an institutional device that ensures circuit decisions are in line with the established preferences of the circuit. The use of en banc varies in frequency across circuits and within circuits over time. Drawing on legal, attitudinal, and strategic perspectives of judicial behavior, we develop and test a set …