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How one circuit court judge can stop a higher court from establishing a legal precedent

Hazelton, Morgan L.W., Hinkle, Rachael K. and Jeon, Jee Seon (2016) How one circuit court judge can stop a higher court from establishing a legal precedent. USApp– American Politics and Policy Blog (06 Jul 2016). Blog Entry.

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Abstract

Not all legal cases establish a legal precedent – federal circuit court appeal opinions often go unpublished and thus only apply to the dispute in question. In new research, Morgan L.W. Hazelton, Rachael K. Hinkle, and Jee Seon Jeon find that the decision whether or not to publish such opinions can have an influence on whether a judge issues a dissent from the majority. If the circuit court is substantially different ideologically from a higher court, judges can pre-emptively silence a dissenting opinion by deciding that it will not be published, thus negating the chance that their decision will be reviewed by a higher court.

Item Type: Online resource (Blog Entry)
Official URL: http://blogs.lse.ac.uk/usappblog/
Additional Information: © 2016 The Authors, USApp – American Politics and Policy Blog, The London School of Economics and Political Science.; Online
Divisions: Public Policy Group
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
Sets: Research centres and groups > LSE Public Policy Group
Collections > LSE American Politics and Policy (USAPP) Blog
Date Deposited: 15 Sep 2016 14:51
Last Modified: 07 Oct 2019 23:20
URI: http://eprints.lse.ac.uk/id/eprint/67734

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