Comments on: Does familiarity breed contempt? http://www.concurringopinions.com/archives/2006/08/familiarity_bre_1.html The Law, the Universe, and Everything Mon, 22 Mar 2010 05:51:04 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Rumor http://www.concurringopinions.com/archives/2006/08/familiarity_bre_1.html/comment-page-1#comment-57533 Rumor Mon, 07 Aug 2006 21:22:56 +0000 http://www.solove.org/archives/2006/08/does-familiarity-breed-contempt.html#comment-57533 Experience up here in Canada, where the Federal Court and it's respective Appeal Court occupy the same building, suggests another factor you might not have considered: familiarity between the courts may not only breed respect for the lower court's decisions, but also allow the appeal court to rely on familiarity and rapport to more easily overturn a lower decision, knowing that it won't be taken to heart as much as if they courts did not know each other. This is just an idle speculation, I don't really have any data to back it up. Experience up here in Canada, where the Federal Court and it’s respective Appeal Court occupy the same building, suggests another factor you might not have considered: familiarity between the courts may not only breed respect for the lower court’s decisions, but also allow the appeal court to rely on familiarity and rapport to more easily overturn a lower decision, knowing that it won’t be taken to heart as much as if they courts did not know each other.

This is just an idle speculation, I don’t really have any data to back it up.

]]> By: Scott Moss http://www.concurringopinions.com/archives/2006/08/familiarity_bre_1.html/comment-page-1#comment-57532 Scott Moss Mon, 07 Aug 2006 19:29:14 +0000 http://www.solove.org/archives/2006/08/does-familiarity-breed-contempt.html#comment-57532 One D.D.C. judge told me that years back, the D.C. Circuit judges had to stop going to the same dining room as the D.D.C. judges because one D.D.C. judge, the late Oliver Gasch, kept arguing with his appellate brethren/sisthren about their reversal decisions. Maybe the separate dining analogy is: Good fences make good neighbors? One D.D.C. judge told me that years back, the D.C. Circuit judges had to stop going to the same dining room as the D.D.C. judges because one D.D.C. judge, the late Oliver Gasch, kept arguing with his appellate brethren/sisthren about their reversal decisions. Maybe the separate dining analogy is: Good fences make good neighbors?

]]> By: Bob V http://www.concurringopinions.com/archives/2006/08/familiarity_bre_1.html/comment-page-1#comment-57531 Bob V Mon, 07 Aug 2006 18:56:04 +0000 http://www.solove.org/archives/2006/08/does-familiarity-breed-contempt.html#comment-57531 A related question (for which I believe I may have seen some empirical research) is whether this "proximity effect" works in cases where district judges are appointed to serve on an appellate panel (28 U.S.C. § 292). A related question (for which I believe I may have seen some empirical research) is whether this “proximity effect” works in cases where district judges are appointed to serve on an appellate panel (28 U.S.C. § 292).

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