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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
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 …