Category Archives: Judicial Systems

Amy Howe, Interpreting the Supreme Court: Finding Meaning in the Justices’ Personal Experiences

68 Fla. L. Rev. 393 Abstract At his 2004 confirmation hearing, Chief Justice John G. Roberts Jr. famously compared the role of a Supreme Court Justice to that of a baseball umpire and promised “to remember that it’s my job … Continue reading

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Jonathan Remy Nash, Expertise and Opinion Assignment on the Courts of Appeals: A Preliminary Investigation

This Article examines the role of expertise in judicial opinion assignment and offers four contributions: First, this Article develops a general theory of opinion assignment on multimember courts. Second, this Article uses that theory to predict how expertise might influence … Continue reading

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Anne R. Traum, Using Outcomes to Reframe Guilty Plea Adjudication

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ … Continue reading

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Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the … Continue reading

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Charles Gardner Geyh, The Dimensions of Judicial Impartiality

Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when “we … Continue reading

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F. Andrew Hessick & Jathan P. McLaughlin, Judicial Logrolling

In the federal judicial system, multiple judges hear cases on appeal. Although assigning cases to multiple judges provides a number of benefits, it also generates the potential for conflict. Because each judge has his own set of preferences and values, … Continue reading

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