Browsing Vanderbilt Law School Faculty Works by Subject "Judges -- United States"

Now showing items 1-12 of 12

    • "Batson" for the Bench? Regulating the Peremptory Challenge of Judges 
      King, Nancy J., 1958- (Chicago-Kent Law Review, 1998)
      The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
    • Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding 
      Guthrie, Chris; Wistrich, Andrew J.; Rachlinski, Jeffrey John (University of Pennsylvania Law Review, 2005)
      Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. ...
    • Does Unconscious Racial Bias Affect Trial Judges 
      Guthrie, Chris; Rachlinski, Jeffrey John; Johnson, Sheri Lynn; Wistrich, Andrew J. (Notre Dame Law Review, 2009)
      Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit ...
    • Duel Diligence: Second Thoughts About the Supremes as the Sultans of Swing 
      Edelman, Paul H.; Chen, Jim, 1966- (Southern California Law Review, 1996)
      We respond to Professor Lynn A. Baker's criticisms of our article, The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics. Professor Baker fundamentally misunderstands our measure of Supreme Court voting ...
    • Inside the Judicial Mind 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Cornell Law Review, 2001)
      The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid ...
    • Misjudging 
      Guthrie, Chris (Nevada Law Journal, 2007)
      Judging is difficult. This is obviously so in cases where the law is unclear or the facts are uncertain. But even in those cases where the law is as clear as it can be, and where the relevant facts have been fully developed, ...
    • The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices 
      Edelman, Paul H.; Chen, Jim, 1966- (Minnesota Law Review, 2001)
      Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
    • The Most Dangerous Justice Rides into the Sunset 
      Edelman, Paul H.; Chen, Jim, 1966- (Constitutional Commentary, 2007)
      In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
    • The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics 
      Edelman, Paul H.; Chen, Jim, 1966- (Southern California Law Review, 1996)
      We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One ...
    • The Myth of the Generalist Judge 
      Cheng, Edward K. (Stanford Law Review, 2008-12)
      Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...
    • Opinion Specialization 
      Cheng, Edward K. (Judicature, 2008)
      In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
    • What's Law Got to Do With It? 
      Sherry, Suzanna (Perspectives on Politics, 2004)
      The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...