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Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Vanderbilt Law School Faculty Publications
As 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 …
"Batson" For The Bench? Regulating The Peremptory Challenge Of Judges, Nancy J. King
"Batson" For The Bench? Regulating The Peremptory Challenge Of Judges, Nancy J. King
Vanderbilt Law School Faculty Publications
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be considered along with the other disadvantages of the challenge and weighed against its potential benefits. Nevertheless, if there is one lesson to be learned from the last few decades of scrutiny of the criminal justice system, it is that discretion can and will be used to discriminate. This difficulty weighs heavily against injecting into our justice system additional discretionary opportunities for litigants …