Academic journal article Justice System Journal

The Etiology of the Occurrence of En Banc Review in the U.S. Court of Appeals

Academic journal article Justice System Journal

The Etiology of the Occurrence of En Banc Review in the U.S. Court of Appeals

Article excerpt

Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn, and Todd C. Peppers, "The Etiology of the Occurrence of En Bane Review in the U.S. Court of Appeals," American Journal of Political Science 41 (July 2007): 449-63.

Noting the increasing significance of the decisions of U.S. Courts of Appeals and the court sitting en banc as an important check within circuits, the authors conducted a systematic study of en banc review across all circuits and across time (1942 through 1999). The authors employ three theoretical models, attitudinal, strategic, and legal/organizational to test and predict the incidence of en banc hearings. They find strong support for legal/organizational influences, including increased workload and an increase in the number of judges assigned to a circuit. However, the authors note that the relationship between the increased number of judges assigned and the increased frequency of en banc hearings is actually nonlinear, with a threshold at which the size of a circuit becomes such that en banc hearings may be too costly and too "cumbersome. …

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