Showing papers by "Donald R. Songer published in 2014"

The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

Abstract: For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

The Politics of Judicial Retirement in Canada and the United Kingdom

Abstract: In this study, we test theories of judicial retirement developed in the United States to study patterns of retirement in Canada and England. We explore whether there is evidence that justices time their departures to strategically advance partisan or policy goals. Using survival analysis to examine the career patterns of judges appointed to the Supreme Court of Canada (1875–2012), as well as the House of Lords of the United Kingdom (1875–2009), we find that there is no evidence of strategy to achieve political objectives. Instead, these judges either choose to stay as long as possible or retire for personal reasons.