How Should We Study District Judge Decision-Making?

Abstract

Part I of this Essay describes in detail the institutional setting in which district judges function and how their role differs substantially from that of appellate judges. Part II critiques the existing empirical literature’s predominant method for studying district courts—analysis of district court opinions, usually published opinions—and discuss the limitations and biases inherent in this approach. Part III then proposes a new approach to studying decision-making by district judges.

Keywords

Judicial process, Appeals (Law), Legal research methodology, Judicial decision-making

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Authors

Pauline T. Kim (Washington University School of Law)
Margo Schlanger (Washington University School of Law)
Christina L. Boyd (Washington University School of Law)
Andrew D. Martin (Washington University School of Law)

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