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Judges

Vanderbilt Law School Faculty Publications

Expertise

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Myth Of The Generalist Judge, Edward K. Cheng Jan 2008

The Myth Of The Generalist Judge, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal courts of appeals from 1995-2005. It reveals that opinion specialization is a regular part of circuit court practice, and that a significant number of judges specialize in specific subject areas. The Article then assesses the desirability of opinion specialization. Far from being a mere loophole, opinion specialization turns out to be an important development in judicial practice that promises to increase judicial expertise without incurring many of …


Inside The Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Jan 2006

Inside The Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products liability lawyers or securities litigators. Judges, however, have historically been generalists who preside over any and all cases. This requires that judges become acquainted with the rules of civil procedure, the rules of criminal procedure, the evidentiary rules applicable to both civil and criminal cases, and the substantive law in almost every area. From the simplest slip-and-fall to the most complicated antitrust case, and nearly every civil and criminal action in between, …