Florida State University Law Review
Appellate courts, heuristics, biases, federal courts, attitudinal model, strategic model, judicial behavior
Courts | Law | Law and Economics
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).
Tracey E. George and Chris Guthrie,
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals, 32 Florida State University Law Review. 357
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/657