Course Information

Course Number

313

Credits

3

JD Graduation Requirements

This course typically satisfies all or some of the following JD graduation requirements:
  • Writing

Judicial Decisionmaking

3 Credits

What decides legal cases? One obvious answer is: the law. Judges apply the law to the facts of a case and an answer presents itself. This simple understanding of how law and the judicial process work may be true in many cases, but it is not true in all of them. What other factors are in play? Social scientists have sought to explain judicial decisionmaking by reference to a variety of non-legal factors, including judges’ personal characteristics, their caseloads, and their relationships with each other. The social scientific study of courts raises a host of interesting questions.

Suppose, for example, that the Supreme Court has a constitutional case of great moment in front of it, and public opinion is tilted decidedly in one direction. Should the Court be influenced by public opinion? Will it be? (The two questions are very different.) What if striking down a federal statute will anger the other branches and risk retribution against the judiciary. Should that matter? Will it? These sorts of issues present themselves in cases ranging from Obamacare to abortion rights to gay marriage. Or take another sort of question. On a multi-member court like the Supreme Court, does it matter which justice is assigned to write the opinion, or will the court majority (or the whole court) bargain to the same outcome anyway? If opinion assignment matters to outcomes, how might judges’ choices about the division of labor influence the content of the law? Here’s another sort of question: How do higher courts ensure that lower courts comply with their decisions? Does the need to police lower courts alter legal doctrine, giving us more bright line rules and fewer fuzzy standards? Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases? Does it affect doctrine? Finally, does it matter who is under the robes? Does the ideology of the judge, or her race or gender, matter to the outcome of cases? (Which cases?) If so, is it possible to predict how judicial characteristics will shape the law? Should our answers to these questions affect how we choose judges?

Judicial Decisionmaking is a course that will examine these questions and many like them. In law schools, these sorts of questions get limited attention: our focus is primarily on the legal doctrine or rules themselves. Social scientists take a very different approach, studying the behavior of judges rather than legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal institutions. This course will marry the social science literature and the questions it raises to a set of normative problems within the law itself.

In addition to completing weekly reading assignments from the casebook and participating in class discussion, students will be asked to write a research paper (roughly 30 pages) dealing with a topic of their choice related to the themes of the class. Students may use the seminar to satisfy the upper-level writing requirement.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Sections/Instructors

Margaret Lemos
Judicial Decisionmaking 313.01
Spring 2014
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