Making Law in the United States Courts of Appeals [Paperback]

This book, first published in 2002, asks how federal court judges are influenced by colleagues when deciding cases with unsettled law issues.This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention the work of colleagues of equal authority, but also demonstrate substantial independence from the Supreme Court.This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention the work of colleagues of equal authority, but also demonstrate substantial independence from the Supreme Court.This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court.1. Lawmaking in a hierarchical judicial system; 2. Theory and hypotheses; 3. The cases; 4. Influences on circuit judges' responses: case evidence; 5. Influences on circuit judges' responses: interview evidence; 6. Anticipating the Supreme Court; 7. Implications and future directiolãK