We’ve been reviewing the data for the average length of majority opinions during the 1990s and comparing it for correlations to the unanimity rate. In this post, we’re looking at the criminal docket. It turns out that the 1990s were a difficult time for this metric, given that the average length of majority opinions didn’t
Oral Argument
Did Longer Majority Opinions in Civil Cases Affect the Unanimity Rate (Part 1 – 1990-1999)?
A few posts ago, I noted that analytics research has demonstrated a correlation between the length of majority opinions and the rate of unanimous opinions – shorter opinions, more unanimity; longer opinions and less unanimity. So what happened for civil cases between 1990 and 1999?
As we noted a few posts ago, majority opinions were…
Was the Supreme Court’s Criminal Caseload Decreasing in the 1990s?
Today, we’re reviewing the Supreme Court’s criminal docket during the 1990s – were total caseloads declining and was the Court writing longer opinions?
For the decade, the Court decided 523 criminal cases. The Court filed 17,588 pages of majority opinion, and average of 33.63 pages per case – half again longer than the average civil…
Was the Supreme Court’s Civil Caseload Declining in the 1990s?
This week, we begin our look at the impact of declining Court of Appeal caseloads on the work of the Supreme Court.
We’ll be reviewing three questions in order to analyze the impact of the slow decline in cases at the Court of Appeal: (1) did the Supreme Court’s caseload decline? (2) Was the Supreme…
Briefing is Over – Now What? (Part 2 – Average Days from Completion of All Briefing to Oral Argument, 1990-2022)
This time, we’re measuring the length of Supreme Court review in civil cases by an alternative measure – the average number of days from the close of briefing to oral argument. One caveat – this data set runs from the close of all briefing – including amici and any supplemental briefs – to oral argument. …
How Long Will Supreme Court Review Take? (Part 1 – Average Days From Grant of Review to Oral Argument, 1990-2022)
Today, we’re looking at a new topic, tracking the average time Supreme Court review takes for civil cases. In this and the following post, we measure the lag time in two ways: below, from the grant of review to oral argument, and in the next post, from the close of briefing to argument.
We report…
Part 4 of Our Four-Part Post on the Academic Literature on Panel Effects
This time, we’re concluding our four-part post, both here and on the Illinois Supreme Court Review, discussing some of the academic literature on panel effects in appellate decision-making.
Today, we’re looking at “Judging the Voting Rights Act,” 108 Columbia Law Rev. 1 (2008), by Professors Adam B. Cox and Thomas J. Miles. …
Where Do the California Supreme Court’s Criminal Cases Originate (2010-2020)?
We conclude our series by reviewing the data for criminal, quasi-criminal and juvenile justice cases between the years 2010 and 2020. Once again, Los Angeles led, accounting for 142 cases. Riverside County was next, followed by San Diego, Orange, San Bernardino, Santa Clara, Sacramento and Alameda counties. San Francisco, which was among the leaders in…
3,041 Cases and 280,165 Data Points – Exploring the California Supreme Court Data Library
Today, we’re reviewing the contents of our database, which includes every case decided by the California Supreme Court since January 8, 1990. For every case, we’ve captured the following data points:
CIVIL CASES:
Official Reporter Citation
California Reporter Citation
Docket Number
Case Name
Petitioner
Petitioner Governmental Entity (Y/N)
Respondent Governmental Entity (Y/N)
Source of Appellate…
Competing Theories of Judicial Decision Making: Attitudinalism and Legal Realism
Last time, we began our analysis by addressing the competing theories of judicial behavior. Formalism, the oldest theory, teaches that judicial decision making can be explained and predicted based upon the facts, the applicable law and precedent and judicial deliberations – and nothing more. But if formalism explains all of judicial decision making, then many…