Decision Making in the U.S. Courts of Appeals PDF
Preview Decision Making in the U.S. Courts of Appeals
Decision Making in the U.S. Courts of Appeals Frank B. Cross Stanford University Press decision making in the u.s. courts of appeals SS44005522..iinnddbb ii 22//1155//0077 11::0055::5522 PPMM SS44005522..iinnddbb iiii 22//1155//0077 11::0055::5522 PPMM frank b. cross Decision Making in the U.S. Courts of Appeals stanford university press stanford, california 2007 SS44005522..iinnddbb iiiiii 22//1155//0077 11::0055::5522 PPMM Stanford University Press Stanford, California © 2007 by the Board of Trustees of the Leland Stanford Junior University. All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechan- ical, including photocopying and recording, or in any information storage or retrieval system without the prior written permission of Stanford University Press. Printed in the United States of America on acid-free, archival-quality paper Library of Congress Cataloging-in-Publication Data Cross, Frank B. Decision making in the U.S. Courts of Appeals / Frank B. Cross. p. cm. Includes bibliographical references and index. isbn 978-0-8047-5366-1 (cloth : alk. paper) — isbn 978-0-8047-5713-3 (pbk. : alk. paper) 1. Judicial process—United States. 2. Appellate courts—United States. 3. United States. Supreme Court. I. Title. kf8990.c76 2007 347.73(cid:2)24—dc22 200610258 Typeset by Newgen in 10/14 Janson SS44005522..iinnddbb iivv 22//1155//0077 11::0055::5533 PPMM Contents Prologue 1 1. Political Ideology and Circuit Court Decision Making 11 2. The Law and Circuit Court Decision Making 39 3. Judicial Background and Circuit Court Decision Making 69 4. Other Institutions and Circuit Court Decision Making 94 5. Litigants and Circuit Court Decision Making 123 6. Panel Effects and Circuit Court Decision Making 148 7. Procedural Threshold Effects and Circuit Court Decision Making 178 8. Circuit Court Decision Making and Precedential Impact 201 Epilogue 228 Notes 233 Index 245 SS44005522..iinnddbb vv 22//1155//0077 11::0055::5533 PPMM SS44005522..iinnddbb vvii 22//1155//0077 11::0055::5533 PPMM decision making in the u.s. courts of appeals SS44005522..iinnddbb vviiii 22//1155//0077 11::0055::5533 PPMM SS44005522..iinnddbb vviiiiii 22//1155//0077 11::0055::5533 PPMM Prologue This book deals with the decisions rendered by the United States circuit courts of appeals and with the opinions from those decisions. These courts are intermediate, between the trial courts and the Supreme Court, and they resolve appeals from the legal rulings of the trial courts as well as from some administrative agencies. The United States has twelve basic circuits of broad appellate jurisdiction, divided geographically (e.g., the fi rst circuit governs Massachusetts, Maine, New Hampshire, Puerto Rico, and Rhode Island), plus the relatively new federal circuit, which has limited subject matter jurisdiction. When a party appeals a lower court decision, that deci- sion is typically assigned to a panel of three circuit court judges, who will affi rm or reverse it. Although cases are sometimes heard en banc, before all the judges of the circuit, this is rare. The overwhelming majority of deci- sions are rendered by three-judge panels. While most public reportage and even scholarly research deals with the U.S. Supreme Court, the circuit courts are much more important in 1 SS44005522..iinnddbb 11 22//1155//0077 11::0055::5533 PPMM
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