Volume 59 Symposium on Evaluating Judging, Judges, and Judicial Institutions


Volume 59

Symposium on Evaluating Judging, Judges, and Judicial Institutions

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.

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