Why (and when) judges dissent: A theoretical and empirical analysis

L Epstein, WM Landes, RA Posner - Journal of Legal Analysis, 2011 - academic.oup.com
This paper develops and tests a model of self-interested judicial behavior to explore the
phenomenon of judicial dissents, and in particular what we call “dissent aversion,” which …

Lawyer, interrupted: Gender bias in oral arguments at the US Supreme Court

D Patton, JL Smith - Journal of Law and Courts, 2017 - cambridge.org
We examine gender bias in political institutions through a novel lens: oral arguments at the
US Supreme Court. We ask whether female lawyers are afforded less speaking time during …

The problem of data bias in the pool of published US appellate court opinions

K Carlson, MA Livermore… - Journal of Empirical …, 2020 - Wiley Online Library
For decades, researchers have studied the relationship between the political leanings of
judges and the outcomes of appellate litigation in the United States. The primary source of …

Interpreting circuit court voting patterns: A social interactions framework

JB Fischman - The Journal of Law, Economics, and Organization, 2013 - academic.oup.com
Many empirical studies have found that circuit judges' votes are significantly influenced by
their panel colleagues. Although this influence is typically measured in terms of colleagues' …

Mapping the iceberg: The impact of data sources on the study of district courts

CL Boyd, PT Kim, M Schlanger - Journal of Empirical Legal …, 2020 - Wiley Online Library
Three decades ago, Siegelman and Donohue aptly characterized research about courts and
litigation that relied only on published opinions as “studying the iceberg from its tip.” They …

The signaling effect of pro se status

VD Quintanilla, RA Allen, ER Hirt - Law & Social Inquiry, 2017 - cambridge.org
When claimants press their claims without counsel, they fail at virtually every stage of civil
litigation and overwhelmingly fail to obtain meaningful access to justice. This research …

Litigating toward settlement

CL Boyd, DA Hoffman - The Journal of Law, Economics, & …, 2013 - academic.oup.com
Civil litigation typically ends when the parties compromise. While existing theories of
settlement primarily focus on information exchange, we instead examine how motion …

Religion and judging on the federal Courts of Appeals

S Shahshahani, LJ Liu - Journal of Empirical Legal Studies, 2017 - Wiley Online Library
We construct a database of federal appellate cases involving religious liberties decided
between 2006 and 2015, expanding and improving an existing database covering up to …

Obama's judicial legacy: The final chapter

E Slotnick, S Schiavoni, S Goldman - Journal of Law and Courts, 2017 - cambridge.org
This article looks at the appointment and confirmation politics of President Obama's
nominees during the 114th Congress in which unprecedented obstruction and delay of …

Do Justices Defend the Speech They Hate?: An Analysis of In-Group Bias on the US Supreme Court

L Epstein, CM Parker, JA Segal - Journal of Law and Courts, 2018 - cambridge.org
For decades now, experiments have revealed that we humans tend to evaluate the views or
activities of our own group and its members more favorably than those of outsiders. To …