Spring 2013
    Law No.: LAW9123
    Sched. No.: 113219312

Judging*
Section 1
X
Gilbert, Michael



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):W, 1600-1800 (SL268)
Credits:3Type:Seminar
Capacity:16 **This information is current as of 05/20/2013 06:17:38 AM**
Current Enrollment:15 **This information is current as of 05/20/2013 06:17:38 AM**
Syllabus: View Syllabus (requires LawWeb account)



Course Description:

Scholars, lawyers, journalists, and politicians have long debated how judges do – and how judges should – decide cases. This seminar will explore this debate by examining theories of judicial decision-making. We will spend a few weeks on theories developed primarily by lawyers and legal scholars: legal formalism, legal realism, and theories flowing from critical legal studies. We will spend most of the semester examining theories grounded in social science. These include the “attitudinal” model, which posits that judges decide cases on the basis of their political preferences; the panel effects literature, which suggests that an appellate judge’s colleagues can affect dramatically how he or she votes to resolve cases; and other theories that tie judges’ age, race, and method of appointment to case outcomes. We will discuss when, if ever, the theories accurately describe judicial behavior and whether it is appropriate for judges to behave as the theories predict.

COURSE REQUIREMENT: Paper required