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Decision Making on the Courts of Appeals: Do Judges Have the Knowledge Assumed by Advocates of Strategic Models? |
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Abstract:
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An analysis of US Courts of Appeals decision making explores whether US Courts of Appeals judges can predict the likelihood of review by the US Supreme Court. Some scholars have argued that US Courts of Appeals judges can anticipate when the US Supreme Court will review a case and will often act strategically by modifying their decision in anticipation of the probable Supreme Court response. One key assumption of most strategic models is that judges have perfect information. The implication of this assumption is that judges can anticipate which cases will be reviewed and which decisions will be overturned. Our strategy for testing this assumption is two-prong. We rely on interviews with US Courts of Appeals judges and we model empirically the factors associated with Supreme Court review utilizing data from the Appeals Court Data Base from 1986-1988. The results of our interview and empirical analyses provide support for our hypotheses relating to the case characteristics that substantially affect the chances that a case will be reviewed. However, our results also indicate that the likelihood of review in the most positive cases is still marginal at best. Therefore, our findings do cast doubt on the use of strategic theories when explaining judicial behavior and external constraints. Our research suggests that it is highly irrational in most cases for appeals court judges to concern themselves with Court review. |
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case (255), court (255), review (192), judg (192), appeal (124), suprem (105), strateg (84), decis (76), model (64), whether (63), issu (60), import (56), indic (55), characterist (51), opinion (51), circuit (50), like (49), x (48), would (46), likelihood (44), one (43), |
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Association:
Name: The Midwest Political Science Association URL: http://www.indiana.edu/~mpsa/
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Citation:
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MLA Citation:
| Barnes, Jennifer. and Songer, Donald. "Decision Making on the Courts of Appeals: Do Judges Have the Knowledge Assumed by Advocates of Strategic Models?" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 20, 2006 <Not Available>. 2008-12-12 <http://www.allacademic.com/meta/p139345_index.html> |
APA Citation:
| Barnes, J. L. and Songer, D. R. , 2006-04-20 "Decision Making on the Courts of Appeals: Do Judges Have the Knowledge Assumed by Advocates of Strategic Models?" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois Online <PDF>. 2008-12-12 from http://www.allacademic.com/meta/p139345_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: An analysis of US Courts of Appeals decision making explores whether US Courts of Appeals judges can predict the likelihood of review by the US Supreme Court. Some scholars have argued that US Courts of Appeals judges can anticipate when the US Supreme Court will review a case and will often act strategically by modifying their decision in anticipation of the probable Supreme Court response. One key assumption of most strategic models is that judges have perfect information. The implication of this assumption is that judges can anticipate which cases will be reviewed and which decisions will be overturned. Our strategy for testing this assumption is two-prong. We rely on interviews with US Courts of Appeals judges and we model empirically the factors associated with Supreme Court review utilizing data from the Appeals Court Data Base from 1986-1988. The results of our interview and empirical analyses provide support for our hypotheses relating to the case characteristics that substantially affect the chances that a case will be reviewed. However, our results also indicate that the likelihood of review in the most positive cases is still marginal at best. Therefore, our findings do cast doubt on the use of strategic theories when explaining judicial behavior and external constraints. Our research suggests that it is highly irrational in most cases for appeals court judges to concern themselves with Court review. |
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14732 |
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| 1 Decision Making on the Courts of Appeals: Do Judges Have the Knowledge Assumed by Advocates of Strategic Models? Jennifer L. Barnes University of South Carolina barnesj@mailbox.sc.edu Donald R. Songer University of South Carolina dsonger@sc.edu Presented at the Annual Meeting of the Midwest Political Science Association. Chicago. April 22 2006 Abstract 1Decision Making on the Courts of Appeals: Do Judges Have the Knowledge Assumed by Advocates of Strategic Models? An analysis of US Courts of Appeals decision making explores |
| Three Case Studies.” Law and Policy Quarterly 4: 215-34. Tate C. Neal. 1981."Personal Attribute Models of the Voting Behavior of U.S. Supreme court Justices: Liberalism in Civil Liberties and Economic Decisions 1946-78" American Political Science Review 75: 355-67. Van Winkle Steven. 1997. “Dissenting as a Signal: Evidence from the U.S. Courts of Appeals.” Presented at the Annual Meeting of the American Political Science Association Washington DC. Wahlbeck Paul J. James F. Spriggs and Forest Maltzman. 1998. “Marshalling the Court: |
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