Measuring Judges and Justice

February 6, 2009Duke Law News

Over the last 25 years, political scientists, economists, and legal scholars have created a large body of empirical work that focused on judicial decisionmaking. Most judges are either unaware of this literature or deem it badly mistaken, but others view it as a new tool for understanding how judges judge. This conference brings together judges and those who study them to discuss challenges in the field.

SCHEDULE

8:30 - 8:45 AM
Registration and Breakfast

8:45 - 9:00 AM
Introductory Remarks

Jeff Chemerinksy, Editor-in-Chief, Duke Law Journal
Dean David Levi, Duke University School of Law

9:00 - 10:15 AM
Panel I

Papers
Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges

Professor Stephen J. Choi (New York University School of Law)
Professor Mitu Gulati (Duke University School of Law)
Professor Eric A. Posner (University of Chicago Law School)
Economic Trends and Judicial Outcomes: A Macro Theory Approach
Professor Thomas Brennan (Northwestern University School of Law)
Professor Lee Epstein (Northwestern University School of Law)
Professor Nancy Staudt (Northwestern University School of Law)

Panelists
Professor Scott A. Baker (University of North Carolina Law School)
Professor William Marshall (University of North Carolina Law School)
Chief Justice Ruth McGregor (Arizona Supreme Court)
President Tom Ross (Davidson University)
Chief Justice Laura Stith (Missouri Supreme Court)
Professor Ernest A. Young ((Duke University School of Law)

10:15 - 10:25 AM
Survey Questionnaire

Judge John Wiley (Superior Court of Los Angeles)
Read by Jessica Brumley, Senior Research Editor, Duke Law Journal

10:30 - 11:45 AM
Panel II

Papers
Remaking the United States Supreme Court in the Courts' of Appeals Image

Professor Tracey George (Vanderbilt University Law School)
Professor Chris Guthrie (Vanderbilt University Law School)
The Warp and Woof of Statutory Interpretation: Comparing Court Approaches in Tax Law and Workplace Law
Professor James Brudney (Ohio State University Law School)

Panelists
Judge Michael Boudin (U.S. Court of Appeals for the First Circuit)
Dean Erwin Chemerinsky (University of California–Irvine School of Law)
Chief Judge Anthony Scirica (U.S. Court of Appeals for the Third Circuit)
Professor Lawrence Zelenak (Duke University School of Law)

12:00 - 1:15 PM
Lunch Panel

Paper
Are Empiricists Asking the Right Questions about Judicial Decision-Making?

Professor Jack Knight (Duke University School of Law)

Panelists
Professor H. Jefferson Powell (Duke University School of Law)
Professor Barak Richman (Duke University School of Law)
Professor Christopher H. Schroeder (Duke University School of Law)
Professor Ernest A. Young (Duke University School of Law)

1:30 - 2:45 PM
Panel III

Papers
Separation or Unification of Power?: The Strategic Voting of Judges Facing Reappointment

Professor Joanna Shepherd (Emory Law School)
The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice
Professor Jeffrey Rachlinsky (Cornell Law School)
Professor Chris Guthrie (Vanderbilt University Law School)

Panelists
Professor Larry Baum (Ohio State University Political Science Department)
Judge Allyson Duncan (U.S. Court of Appeals for the Fourth Circuit)
Justice Robin E. Hudson (North Carolina Supreme Court)
Judge Gerard E. Lynch (U.S. District Court for the Southern District of New York)
Judge Barbara J. Rothstein (U.S. District Court for the Western District of Washington)

3:00 - 4:15 PM
Closing Panel (Reflections on the Day's Discussion)

Paper
Predicting Court Outcomes through Political Preferences: The Japanese Supreme Court and the Chaos of 1993

Professor Kevin T. McGuire (University of North Carolina Political Science Department)

Panelists
Professor Larry Baum (Ohio State University Political Science Department)
Judge Michael Boudin (U.S. Court of Appeals for the First Circuit)
Chief Judge Robert Henry (U.S. Court of Appeals for the Tenth Circuit)
Judge Lee H. Rosenthal (U.S. District for the Southern District of Texas)
Judge John Wiley (Superior Court of Los Angeles)

4:15 PM
Closing Remarks

Jonathan Williams, Articles Editor, Duke Law Journal
Professor Mitu Gulati (Duke University School of Law)

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