- Introduction: A Judge on the Challenges to Judges
- Two Kinds of Complexity
- Extrajudicial Writing by Judges
- Plan of the Book
- Appendix: External versus Internal Complexity in Federal Adjudication
- 1. The Road to 219 South Dearborn Street
- Education and Early Career
- The Federal Judicial Appointment Process in 1981
- Transition, and the Question of Initial Judicial Training
- 2. The Federal Judiciary Evolves
- A Half-Century of Change
- Input-Output, with Special Reference to the Supreme Court
- Staff and Specialization in Relation to Rank
- 3. The Challenge of Complexity
- Complexity Further Explained
- Examples, Primarily from Criminal Law and Sentencing
- The Impact of Technology
- Judicial Insouciance about the Real
- Specialization the Solution?
- Internal Complexity: The Case of the Bluebook
- 4. Formalism and Realism in Appellate Decision Making
- The Formalist Judge
- The Realist Judge
- Advice to New Appellate Judges
- 5. The Inadequate Appellate Record
- Internet Research by Judges
- Is a Word Really Worth a Thousand Pictures?
- 6. Coping Strategies for Appellate Judges I: Judicial Self-Restraint
- Thayer and His Epigones
- The Decline of Self-Restraint
- The Rise of Constitutional Theory
- Thayerism’s Death and Legacy
- 7. Coping Strategies for Appellate Judges II: Interpretation
- The Spirit Killeth, but the Letter Giveth Life
- Dreaming a Constitution
- Opposites Attract and Repel
- Realist Interpretation
- 8. Make It Simple, Make It New: Opinion Writing and Appellate Advocacy
- The Signs of Bad Judicial Writing
- The Writer Model versus the Manager Model
- Management versus Managerialism
- The Formalist Opinion
- Rules of Good Opinion Writing
- The Morris Opinion
- Some Tips on Appellate Advocacy
- Appendix: United States v. Morris (Original and Rewritten)
- 9. Forays into the District Court
- Expert Witnesses and Trial by Jury: An Anecdotal Introduction
- Party-Appointed and Court-Appointed Expert Witnesses
- The Jury
- Jury Trials in Patent Cases
- Internet Research by Jurors
- Other Issues
- Appendix: Jury Instructions in Chamberlain v. Lear
- 10. What Can Be Done, Modestly?
- Staffing
- Initial Judicial Training
- Continuing Judicial Education
- The Widening Gap between Academia and the Judiciary
- The Role of the Law Schools in Continuing Judicial Education
- MOOCs to the Rescue?
- Conclusion: Realism, the Path Forward
- Acknowledgments
- Index
Reflections on Judging
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Book Details
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$29.95 • £22.95 • €26.95
ISBN 9780674725089
Publication: October 2013
