Judging on a Collegial Court: Influences on Federal Appellate Decision Making

Front Cover
University of Virginia Press, 2007 - Law - 153 pages
0 Reviews

Dissensus is often viewed in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea, leading, one hopes, to a better result. When dissensus occurs in a federal court, however, it raises the question of whether this difference of opinion maintains the integrity of the judiciary or undermines its legitimacy. In Judging on a Collegial Court: Influences on Federal Appellate Decision Making, Virginia Hettinger, Stefanie Lindquist, and Wendy Martinek examine the dynamic that gives rise to such dissensus in federal appeals courts, revealing how the appellate process shapes the content and the consistency of the law.

The authors examine horizontal dissensus in the minority of cases in which there are dissenting or concurring—as opposed to unanimous—opinions. Primarily investigating why judges on the appeals courts agree or disagree with one another regarding the outcomes of the cases before them, the authors also examine vertical dissensus and ask why judges affirm or reverse lower court judges whose cases are decided on appeal. Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Introduction
1
Theoretical Perspectives on Decision Making in Appellate
28
Why Do Judges Write Separate Opinions?
47
The Strategy of Dissent
75
The Decision to Reverse
89
Conclusions
109
Data and Methods
123
Notes
129
Bibliography
142
Index
153
Copyright

Other editions - View all

Common terms and phrases

About the author (2007)

Virginia A. Hettinger is Assistant Professor of Political Science at the University of Connecticut. Stefanie A. Lindquist is Associate Professor of Political Science and Law at Vanderbilt University. Wendy L. Martinek is Assistant Professor of Political Science at Binghamton University, State University of New York.

Bibliographic information