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Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

BLR

Legal Profession

2016

Articles 1 - 3 of 3

Full-Text Articles in Judges

Forum Selling, Daniel M. Klerman, Greg Reilly Jul 2016

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner Feb 2016

Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner

University of Southern California Legal Studies Working Paper Series

The Supreme Court annually grants approximately 5% of the petitions to hear cases it receives. It denies petitions from the federal government, from large corporations, and from high-profile attorneys. The decisions of which petitions for writ of certiorari the Court grants sets the Court’s agenda each term and defines the issues which the Court will engage. With such a low likelihood that the Court hears any particular case, what makes a petition more or less likely to be granted? The focus of much of the existing scholarship on certiorari deals with the theoretical underpinnings of these judicial decisions. In ...


Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman Feb 2016

Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman

University of Southern California Legal Studies Working Paper Series

Who are the most successful attorneys in the Supreme Court? A novel way to answer this question is by looking at attorneys' relative influence on the course of the law. This article performs macro and micro-level analyses of the most successful Supreme Court litigators by examining the amount of language shared between nearly 9,500 Supreme Court merits briefs and their respective Supreme Court opinions from 1946 through 2013. The article also includes analyses of the most successful law firms according to the same metric.