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Showing papers by "Donald R. Songer published in 1995"


Journal ArticleDOI
TL;DR: In this article, the authors examined the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the Supreme Court and demonstrated that such behavior is necessary if the court is to retain control over the federal judiciary.
Abstract: This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-a-vis the number of cases the Supreme Court can decide, we argue that such behavior is necessary if the Supreme Court is to retain control over the federal judiciary.

54 citations


Journal ArticleDOI
TL;DR: For example, this paper found that interest group participation in state supreme courts has continued to increase, reflecting the increasing importance of these courts as policymakers in the federal system during the past decade.
Abstract: During the past decade, interest group participation in state supreme courts has continued to increase, reflecting the increasing importance of these courts as policymakers in the federal system. G...

43 citations



01 Jan 1995
TL;DR: In this paper, the authors examined the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the Supreme Court and demonstrated that such behavior is necessary if the court is to retain control over the federal judiciary.
Abstract: This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-a-vis the number of cases the Supreme Court can decide, we argue that such behavior is necessary if the Supreme Court is to retain control over the federal judiciary. INTRODUCTION