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Full-Text Articles in Law
Why Choose? A Response To Rachlinski, Wistrich & Guthrie, Terry A. Maroney
Why Choose? A Response To Rachlinski, Wistrich & Guthrie, Terry A. Maroney
Vanderbilt Law School Faculty Publications
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, they have presented a false choice. The experiments do offer strong evidence that judges' decisions can be influenced by the "affect heuristic," insofar as they show that prompting generalized feelings of good/bad and like/dislike can sway legal rulings that ought to be answered entirely on traditionally legalistic grounds. However, the experiments do not speak more broadly to the influence of judicial emotion, which is a far more …
The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Guthrie, Tracey E. George
The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).
Court Fixing, Tracey E. George
Court Fixing, Tracey E. George
Vanderbilt Law School Faculty Publications
This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed that …
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
Vanderbilt Law School Faculty Publications
The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing caseload at the circuit court level, the increasing number of judges sitting within each circuit, and the decreasing probability of Supreme Court intervention. The primary method of maintaining coherence and consistency in doctrinal development within a federal circuit is en banc review. Yet, many critics contend that en bane rehearing is a time-consuming, inefficient procedure that fails to serve its intended purpose and too often is abused for political ends. This Article …