Judicial Decisionmaking

3 units

How do judges in the U.S. decide cases and why do they decide as they do? The answers to these timely questions have implications for the evolution of law over time, the desirability of judicial review, the processes of judicial selection and the functioning of appellate review, and when and where lawyers should file cases, among other topics. The focus of this class will be on the social scientific literature regarding how judges make decisions, with much less time spent on traditional law school materials such as cases and statutes. Topics will include: theories of judicial decision making; judicial selection in state and federal courts; constraints under which judges operate; the agenda-setting and litigation process; collegial courts; inter-court relations; inter-branch relations; the Solicitor General and Supreme Court bar; and the role of public opinion. Preparation and attendance are required. Grades will be based on a final examination, class participation, and brief written assignments during the semester.