Making Law in the United States Courts of Appeals

By David E. Klein | Go to book overview

INDEX
adoption/rejection of rules: actual
frequency of, 59–61; coding of, 54–5;
predicted frequency of, 27–9
Almanac of the Federal Judiciary, 63–4
amicus curiae briefs, 121–3
anticipatory decision making, 7, 34–9, 53–4; evidence in interviews, 108–9; evidence in opinions, 123–6; measurement strategy, 110–11
Baum, Lawrence, 10–11, 138, 143
Benesh, Sara, 37
Brehm, John, 135–6
briefs, attorneys': quality of, 57–8
bureaucracy, compared to court system, 135–6
Business Electronics Corp. v. Sharp Electronics Corp., 125
Caminker, Evan, 36
caseloads, 18
certiorari: measuring likelihood of grant, 119–22. See also Supreme Court:
oversight of circuit courts
circuit reputations, 91–3
citations: as measure of prestige, 65; of rules/cases, 56–9
coherence and consistency, goal of promoting, 17; effects of, 89–91, 140–1; judges' comments on, 24–5; predicted effects of, 27–8, 33, 35
courts of appeals: anticipating/predicting Supreme Court decisions, see anticipatory decision making; existing research, 6–7
Cross, Frank, 38
cue taking, 31–4, 70–2, 78–9, 102–4, 143
Davis, Sue, 50
dissenting opinions: coding of, 69; impact of, 32, 71, 75–8, 83
entrepreneurship, judicial, 58–60
expertise, judges': and experience, 67–9; impact of, 32, 71, 75–8, 83, 93–6; measuring, 67–9
Gates, Scott, 135–6
goals, judges': importance of, 10–11; list, 11; versus constraints, 11, 141–2. See also coherence and consistency; legal soundness; limiting time/work; policy preferences
Howard, J. Woodford, 6, 37–8, 50
ideology: coding of rules, 48–9; measuring judges', 63–4, 80–2
intercircuit conflict and agreement, 60–1, 120–3
interviews: described, 18–20
Jack Walters and Sons Corp. v. Morton Building, 125
judges: influential characteristics, 96–8. See also prestige, judges'; expertise, judges'
Kornhauser, Lewis, 34–5
Kovacic, William, 48n10

-179-

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Making Law in the United States Courts of Appeals
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Tables viii
  • Acknowledgments ix
  • 1 - Law Making in a Hierarchical Judicial System 1
  • 2 - Theory and Hypotheses 10
  • 3 - The Cases 40
  • 4 - Influences on Circuit Judges' Responses: Case Evidence 62
  • 5 - Influences on Circuit Judges' Responses: Interview Evidence 87
  • 6 - Anticipating the Supreme Court 107
  • 7 - Implications and Future Directions 131
  • Appendix A - Rules and Cases 147
  • Appendix B - Interview Questions 168
  • References 171
  • Index 179
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