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Is the Ninth Circuit Too Large? A Statistical Study of Judicial Quality

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Author Info
Posner, Richard A

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Abstract

This paper provides an empirical test of the claim that the U.S. Court of Appeals for the Ninth Circuit has too many judges to be able to do a good job. Reversals (especially summary reversals) by the Supreme Court and citations are used as proxies for quality of judicial output. The overall conclusion is that (1) adding judgeships tends to reduce the quality of a court's output and (2) the Ninth Circuit's uniquely high rate of being summarily reversed by the Supreme Court (a) is probably not a statistical fluke and (b) may not be a product simply of that circuit's large number of judges. Copyright 2000 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Legal Studies.

Volume (Year): 29 (2000)
Issue (Month): 2 (June)
Pages: 711-19
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Handle: RePEc:ucp:jlstud:v:29:y:2000:i:2:p:711-19

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  1. Pushkar Maitra & Russell Smyth, 2004. "Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers—An Empirical Study of the New Zealand High Court," European Journal of Law and Economics, Springer, vol. 17(2), pages 209-235, March. [Downloadable!] (restricted)
  2. Virginia Rosales-López, 2008. "Economics of court performance: an empirical analysis," European Journal of Law and Economics, Springer, vol. 25(3), pages 231-251, June. [Downloadable!] (restricted)
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This page was last updated on 2009-12-12.


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