Marin K. Levy

Forthcoming

Charles E. Clark and the Irony of Iqbal, 114 California Law Review (forthcoming) (with Andrew Bradt)
Local Rulemaking, 75 Duke Law Journal (forthcoming) (with Zachary D. Clopton)
Remedies for a Constitutional Crisis, 139 Harvard Law Review (forthcoming) (with others)
Judicial Reform from the Inside Out, 101 Notre Dame Law Review (forthcoming) (with Daniel Epps)

Works in Progress

Rulemaking All the Way Down (July 1, 2025) (with Zachary D. Clopton)
Circuit Precedent (January 1, 2025) (with William Baude)
Raising the Judicial Alarm (January 1, 2025) (with Trevor Morrison)
State Representation on the Courts of Appeals (January 1, 2024)

Books

Written and Unwritten: The Rules, Internal Procedures, and Customs of the United States Courts of Appeals (Cambridge University Press, 2024) (with Jon O. Newman)
Federal Standards of Review: Review of District Court Decisions and Agency Actions (Thomson West, 2d ed. 2013) (with others)

Articles & Essays

Defining the Field of Judicial Administration, 36 Yale Journal of Law & the Humanities 151-164 (2025)
Local Rules, 111 Virginia Law Review 1187-1253 (2025) (with Zachary D. Clopton)
The Invention of the Judicial Administration State, 123 Michigan Law Review 1051-1072 (2025) (reviewing Robert C. Post, The Taft Court: Making Law for a Divided Nation, 1921-1930 (2024))
Judicial Management Inside the Courts, 43 The Review of Litigation 27-42 (2023)
Visiting Judges Riding Circuit and Beyond, 106 Judicature 20-24 (2023)
Composition of the Supreme Court: Written Statement of Marin K. Levy for Presidential Commission on the Supreme Court of the United States (2021)
The Need for New Lower Court Judgeships, 30 Years in the Making: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Internet of the House Committee on the Judiciary, 117th Cong. (Feb. 24, 2021) (2021)
The Office of the Chief Circuit Judge, 169 University of Pennsylvania Law Review 2425-2484 (2021) (reprinted in 23 University of Pennsylvania Journal of Constitutional Law 2365-2426 (2022)) (with Jon O. Newman)
The Promise of Senior Judges, 115 Northwestern University Law Review 1227-1260 (2021)
Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 (2020) (with others)
Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project, 108 California Law Review 917-940 (2020) (with Tejas N. Narechania)
Packing and Unpacking State Courts?, 61 William & Mary Law Review 1121-1158 (2020)
Precedent’s Unfulfilled Promise: Re-Examining the Role of Stare Decisis, 103 Judicature 50-53 (2019) (with Richard Re)
Visiting Judges, 107 California Law Review 67-140 (2019)
Panel Assignment in the Federal Courts of Appeals, 102 Cornell Law Review 65-116 (2017)
Appeals: Legal, in International Encyclopedia of the Social & Behavioral Sciences 822-825 (James D. Wright ed., 2015) (with Paul D. Carrington)
Challenging the Randomness of Panel Assignment in the Federal Appellate Courts, 101 Cornell Law Review 1-56 (2015) (with Adam S. Chilton)
Judging Justice on Appeal, 123 Yale Law Journal 2386-2421 (2014) (reviewing William M. Richman & William L. Reynolds, Injustice on Appeal: The United States Courts of Appeals in Crisis (2013))
Judging the Flood of Litigation, 80 University of Chicago Law Review 1007-1077 (2013)
Judicial Attention as a Scarce Resource: A Preliminary Defense of How Judges Allocate Time Across Cases in the Federal Courts of Appeals, 81 George Washington Law Review 401-447 (2013)
Case Management in the Circuit Courts, Legal Workshop (2011)
The Mechanics of Federal Appeals: Uniformity and Case Management in the Circuit Courts, 61 Duke Law Journal 315-391 (2011)
The Costs of Judging Judges by the Numbers, 28 Yale Law & Policy Review 313-323 (2010) (with others)
Geographic Variation in Informed Consent Law: Two Standards for Disclousure of Treatment Risks, 4 Journal of Empirical Legal Studies 103-124 (2007) (with others)

Newspaper Articles and Commentary

(In Defense of) Judicial Institutionalism, JOTWELL (November 22, 2024) (reviewing Rachel Bayefsky, Judicial Institutionalism, 109 Cornell Law Review (forthcoming 2024))
The Business of the Supreme Court Law Clerks, JOTWELL (June 2, 2023) (reviewing Tracy E. George, Albert Yoon, & Mitu Gulati, Some are More Equal Than Others: U.S. Supreme Court Clerkships, University of Virginia Public Law and Legal Theory Research Paper No. 2023-10, available at SSRN (Feb. 23, 2023))
Open Road? Ford Reroutes Personal Jurisdiction, 105 Judicature (July 1, 2022, at 76) (with others)
The Remains of the Day, or What Is Left After the Collapse of Constitutional Remedies, Balkinization (February 9, 2022) (reviewing Aziz Z. Huq, The Collapse of Constitutional Remedies (2021))
The Status of Non-Binding Authority, JOTWELL (November 12, 2020) (reviewing Maggie Gardner, Dangerous Citations, 95 New York University Law Review (forthcoming 2020); Merritt E. McAlister, Missing Decisions, 169 University of Pennsylvania Law Review (forthcoming 2021))
Republicans Have Already Packed State Supreme Courts, Washington Post (October 26, 2020)
Confronting Online Advocacy, JOTWELL (September 4, 2019) (reviewing Jeffrey L. Fisher & Alli Orr Larsen, Virtual Briefing at the Supreme Court, 105 Cornell Law Review (forthcoming 2019))
Construing Precedent, JOTWELL (November 5, 2018) (reviewing Richard Re, Beyond the Marks Rule, 132 Harvard Law Review (forthcoming 2019))
Redesigning the Cert Process, JOTWELL (February 9, 2018) (reviewing Daniel Epps & William Ortman, The Lottery Docket, 116 Michigan Law Review (forthcoming 2018))
Rethinking Judicial Independence, JOTWELL (June 5, 2017) (reviewing Tara Leigh Grove, The Origins (and Fragility) of Judicial Independence, 71 Vanderbilt Law Review (forthcoming 2018))
Rationing Constitutional Justice, JOTWELL (July 8, 2015) (reviewing Aziz Huq, Judicial Independence and the Rationing of Constitutional Remedies, 65 Duke Law Journal (forthcoming 2015))
Coming to a Better Understanding of Remedies, JOTWELL (July 15, 2014) (reviewing Samuel L. Bray, The Myth of the Mild Declaratory Judgment, 63 Duke Law Journal 1091 (2014))

Directory

Bibliography

Forthcoming

Works in Progress

Books

Articles & Essays

Newspaper Articles and Commentary