EXPLAINING U.S. CIRCUIT COURT DECISION MAKING

From: Judicature | Date: July 1, 2004| Author: | Copyright information

Theoretical writing and existing empirical research have suggested several, sometimes conflicting, theories of judicial decision making. The most common theory is that judges decide cases in accordance with their ideology. At the Supreme Court level, this theory is supported by considerable documentation. Studies of circuit courts have likewise identified an ideological determinant of judge votes, but the existing studies have generally focused on a fairly narrow group of cases (e.g., D.C. Circuit Court of Appeals rulings on regulatory matters) that may be intrinsically political in nature.

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