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The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph
The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph
Faculty Publications
This essay seeks to untangle the many possible meanings of "politics" in descriptions of judicial behavior. Part I sets out ten possible conceptions of the term, briefly discussing some examples and their empirical foundations. My goal is mostly descriptive (rather than normative), though it is apparent that some conceptions are more useful than others. In all events, claims about the political influences on judicial behavior must be specific about the phenomena they seek to describe. For given the many possible meanings of politics, accounts that lack such specificity are largely vacuous.
Part II builds on this discussion to make two …
Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich
Faculty Publications
This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.