In late September, a distinguished group of federal and state-court judges, legal scholars, and political scientists gathered at Duke Law School to discuss how best to study and rate judicial performance. The goal of the invitation-only, two-day workshop was to strengthen and broaden the theoretical foundation of empirical research to better evaluate the quality and legitimacy of judicial decisionmaking. Participants included an equal number of jurists, theoretical scholars, and empiricists who identified unanswered or inadequately addressed questions that can serve as the basis for discussion on how to advance empirical study of the judiciary.

Dean David F. Levi, former chief U.S. district judge for the Eastern District of California, organized the workshop, titled “Evaluating Judging, Judges and Judicial Institutions,” along with Professor G. Mitu Gulati of Duke Law School and Professor David E. Klein of the Woodrow Wilson Department of Politics at the University of Virginia, both of whom have undertaken scholarly research on the subject. The workshop was funded with a grant from the National Science Foundation.

The workshop produced nine short scholarly articles on topics ranging from how empiricists can improve their measurements of judges to why empiricists can never successfully measure judges. These articles are exclusively available on the Legal Workshop.

Currently available articles include:

Mitu Gulati, David E. Klein & David F. Levi, Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Marin K. Levy, Kate Stith & José A. Cabranes, The Costs Of Judging Judges By The Numbers

Forthcoming articles include:

Joanna Shepherd, Diversity, Tenure, and Dissent (Available March 2, 2010)

Emily Sherwin, Investigating Judicial Responses to Rules (Available March 4, 2010)

Patrick S. Shin, Distinguishing Causal and Normative Questions in Empirical Studies of Judging (Available March 9, 2010)

Judge Harris Hartz, Evaluating Judges (Available March 11, 2010).

Jack Knight & Mitu Gulati, Talking Judges (Available March 16, 2010)

Alfred L. Brophy, Quantitative Legal History: Empirics and the Rule of Law in the Antebellum Judiciary (Available March 18, 2010)

Brian Z. Tamanaha, Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging (Available March 25, 2010)

Please visit the Legal Workshop to access these articles and other short scholarly essays.

February 28, 2010 at 10:59 am Posted in: Uncategorized Print This Post No Comments

Volume 59 February 2010 Number 5

posted by Duke Law Journal

Article

Searching for Terrorists: Why Public Safety Is Not a Special Need

Ric Simmons

Lecture

Congressional Power over the Jurisdiction of Federal Courts: The Meaning of the Word “All” in Article III

William A. Fletcher

Notes

Wielding the Wand Without Facing the Music: Allowing Utilization Review Physicians to Trump Doctors’ Orders, but Protecting Them from the Legal Risk Ordinarily Attached to the Medical Degree

Katherine L. Record

Losing the Loss Calculation: Toward a More Just Sentencing Regime in White-Collar Criminal Cases

Derick R. Vollrath

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February 2, 2010 at 2:59 pm Posted in: Uncategorized Print This Post No Comments

Duke Law Journal, Volume 59, January 2010

posted by Duke Law Journal

Volume 59 January 2010 Number 4

Articles

International Idealism Meets Domestic-Criminal-Procedure Realism

Stephanos Bibas & William W. Burke-White

Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time

B. Jessie Hill

Essay

Struck by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination

Neil S. Siegel & Reva B. Siegel

Postscript

A Postscript to Struck by Stereotype

Ruth Bader Ginsburg

Note

Narrowing the Bankruptcy Safe Harbor for Derivatives to Combat Systemic Risk

Bryan G. Faubus

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January 12, 2010 at 7:17 pm Posted in: Law Rev (Duke) Print This Post No Comments

Duke Law Journal, Volume 59, December 2009

posted by Duke Law Journal

Volume 59 December 2009 Number 3

Articles

Cybersieves

Derek E. Bambauer

The Limits of Advocacy

Amanda Frost

Notes

Constitutional Limits on Private Policing and the State’s Allocation of Force

M. Rhead Enion

The NCAA’s Lost Cause and the Legal Ease of Redefining Amateurism

Virginia A. Fitt

Not Peace, but a Sword: Navy v. Egan and the Case Against Judicial Abdication in Foreign Affairs

Jason Rathod

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December 3, 2009 at 11:58 am Posted in: Law Rev (Duke) Print This Post No Comments

Duke Law Journal Volume 59 November 2009

posted by Duke Law Journal

Volume 59 November 2009 Number 2

Articles

How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court

Vanessa Baird & Tonja Jacobi

Living Originalism

Thomas B. Colby & Peter J. Smith

Notes

Reasonableness Meets Requirements: Regulating Security and Privacy in Software

Paul N. Otto

Making Amends: Amending the ICSID Convention to Reconcile Competing Interests in International Investment Law

Kate M. Supnik

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November 2, 2009 at 3:52 pm Posted in: Law Rev (Duke) Print This Post 2 Comments

Duke Law Journal Volume 59 October 2009

posted by Duke Law Journal

Volume 59 October 2009 Number 1

Articles

Constraining Public Employee Speech: Government’s Control of Its Workers’ Speech to Protect Its Own Expression

Helen Norton

Notes

Rescuing the Hero: The Ramifications of Expanding the Duty to Rescue on Society and the Law

Amelia H. Ashton

When Insiders Become Outsiders: Parental Objections to Public School Sex Education Programs

Emily J. Brown

The Fiduciary Duty in Mutual Fund Excessive Fee Cases: Ripe for Reexamination

Emily D. Johnson

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October 1, 2009 at 11:39 am Posted in: Law Rev (Duke) Print This Post No Comments

Duke Law Journal Volume 58 May 2009

posted by Duke Law Journal

Volume 58 May 2009 Number 8

Articles

Pitfalls of Empirical Studies that Attempt to Understand the Factors Affecting Appellate Decisionmaking

Hon. Harry T. Edwards & Michael A. Livermore

A More Perfect System: The 2002 Reforms of the Board of Immigration Appeals

John D. Ashcroft & Kris W. Kobach

The NLRB in Administrative Law Exile: Problems with Its Structure and Function and Suggestions for Reform

Catherine L. Fisk & Deborah C. Malamud

Political Control of Federal Prosecutions: Looking Back and Looking Forward

Daniel Richman

Federalism Accountability: “Agency-Forcing” Measures

Catherine M. Sharkey

Depoliticizing Administrative Law

Cass R. Sunstein & Thomas J. Miles

The Parliament of the Experts

Adrian Vermeule

Administration of War

John Yoo

Comment

Comment on Professor Yoo, Administration of War

Richard H. Kohn

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July 5, 2009 at 10:26 am Posted in: Administrative Law, Law Rev (Duke) Print This Post One Comment

Duke Law Journal Volume 58 April 2009

posted by Duke Law Journal

Volume 58 April 2009 Number 7

Foreword

Measuring Judges and Justice

Jeffrey M. Chemerinsky & Jonathan L. Williams

Introduction

“Only Connect”: Toward a Unified Measurement Project

David F. Levi & Mitu Gulati

Articles

Economic Trends and Judicial Outcomes: A Macrotheory of the Court

Thomas Brennan, Lee Epstein & Nancy Staudt

The Warp and Woof of Statutory Interpretation: Comparing Supreme Court Approaches in Tax Law and Workplace Law

James J. Brudney & Corey Ditslear

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

Stephen J. Choi, Mitu Gulati & Eric A. Posner

Judging the Judges

Frank B. Cross & Stefanie Lindquist

Remaking the United States Supreme Court in the Courts’ of Appeals Image

Tracey E. George & Chris Guthrie

The “Hidden Judiciary”: An Empirical Examination of Executive Branch Justice

Chris Guthrie, Jeffrey J. Rachlinski & Andrew J. Wistrich

Are Empiricists Asking the Right Questions about Judicial Decisionmaking?

Jack Knight

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

J. Mark Ramseyer

Are Appointed Judges Strategic Too?

Joanna M. Shepherd

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May 12, 2009 at 7:27 pm Posted in: Articles and Books, Law Rev (Duke), Uncategorized Print This Post No Comments

Duke Law Journal Volume 58 March 2009

posted by Duke Law Journal

Volume 58 March 2009 Number 6

Articles

Litigation Discovery Cannot Be Optimal but Could Be Better: The Economics of Improving Discovery Timing in a Digital Age

Scott A. Moss

The Lost History of Governance and Equal Protection

V.F. Nourse, Sarah A. Maguire

Essay

Are American CEOs Overpaid, and, if So, What if Anything Should Be Done about It?

Richard A. Posner

Lecture

What Can Brown Do for You?: Neutral Principles and the Struggle over the Equal Protection Clause

Pamela S. Karlan

Notes

Restoring RLUIPAs Equal Terms Provision

Sarah Keeton Campbell

Abandonment and Reconciliation: Addressing Political and Common Law Objections to Fetal Homicide Laws

Douglas S. Curran

Fraud on the Market Gets a Minitrial: Eisen through In re IPO

Patricia Groot

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March 19, 2009 at 3:08 pm Posted in: Law Rev (Duke) Print This Post No Comments

Duke Law Journal Volume 58 February 2009

posted by Duke Law Journal

Volume 58 February 2009 Number 5

Articles

Judgment-Sharing Agreements

Christopher R. Leslie

Notes

Remembering Democracy in the Debate over Election Reform

Matthew Michael Calabria

A Question of Costs: Considering Pressure on White-Collar Criminal Defendants

Sarah Ribstein

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February 16, 2009 at 1:56 pm Posted in: Law Rev (Duke) Print This Post No Comments

Duke Law Journal Vol. 58 January 2009

posted by Duke Law Journal

Volume 58 January 2009 Number 4

Articles

Chevron’s Mistake

Lisa Schultz Bressman

Money, Politics, and Impartial Justice

Joanna M. Shepherd

Notes

Avoiding Mere Incantations: Evaluating Success on Nonfee Claims When Determing Prevailing-Party Status under 42 U.S.C. § 1998

Jessica L. Brumley

Counting Offenses

Jeffrey M. Chemerinsky

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January 15, 2009 at 10:39 am Posted in: Law Rev (Duke) Print This Post No Comments

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