one litigation area can also impact judicial behavior
in other areas.
A critical consequence of party selection is that differences between the Conley-era and post-Twombly or post-Iqbal MTD grant rates mix together two kinds of effects: changes in judicial behavior
among cases that would have MTDs filed under either pleading regime, and selection-induced compositional differences in the sets of cases that actually do face MTDs under the Conley and Twombly/Iqbal regimes.
cannot be understood in the vocabulary that judges themselves use, sometimes mischievously" (Posner 11).
10) Critics of the empirical social science literature on judicial behavior
have reason for concern, in particular, about the manner in which researchers have sought to measure judicial ideology.
Such judicial behavior
was standard practice since the Siete Partidas codified penal procedure and was inherent in the nature of continental civil law judicial administration.
For instance, four "global styles" of judicial behavior
were delineated: "judicial," "directive," "confident," and "warm.
This new research on judicial signaling and litigant responsiveness to such signals lends new insight into strategic judicial behavior
, in particular how Supreme Court Justices shape the Court's agenda years ahead of time.
78 quite clearly demonstrate that, in Hamilton's mind, its purpose was to protect federal judges from intimidation, not to serve as an additional means of controlling judicial behavior
28) Luke Bierman, The Dynamics of State Constitutional Decision-Making: Judicial Behavior
at the New York Court of Appeals, 68 TEMP.
The chapter on the market, the adversary system, and the legislative process as methods of resource allocation has been updated to reflect recent academic work on judicial behavior
While the Attitudinal Model has been a dominant approach to assessing judicial behavior
in recent decades, and methods of measuring judicial attitudes continue to improve, not all scholars of judicial behavior
are wholly enamored with the approach.
4) In contrast, political scientists who study judicial behavior
generally take a descriptive tack, contending that judicial review is best understood as simply correlating with the political values of the Justices (5) or as representing the strategic behavior of self-interested actors in a complex institutional setting.
8) These authors propose a fifth approach to the analysis of judicial decision making that integrates the previously described theories of judicial behavior
into one model.
Contributors model, explain, and predict judicial behavior
using the standard tools of economics and econometrics, and suggest a number of private, market- based, institutional reforms that would create a more just and efficient legal system.
Popular images of appropriate judicial behavior
and formal socialization of future judges into role patterns by our legal education system operate to create a widely accepted set of criteria for judging judges.