Cover: Reflections on Judging, from Harvard University PressCover: Reflections on Judging in HARDCOVER

Reflections on Judging

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Product Details


$31.00 • £24.95 • €28.00

ISBN 9780674725089

Publication Date: 10/07/2013


400 pages

6-1/8 x 9-1/4 inches

2 halftones, 3 graphs


  • 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

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