Abstract

http://ssrn.com/abstract=1130358
 
 

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Which States Have the Best (and Worst) High Courts?


Stephen J. Choi


New York University School of Law

G. Mitu Gulati


Duke University - School of Law

Eric A. Posner


University of Chicago - Law School

May 1, 2008

U of Chicago Law & Economics, Olin Working Paper No. 405
U of Chicago, Public Law Working Paper No. 217
Duke Law School Public Law & Legal Theory Paper No. 236

Abstract:     
This paper ranks the high courts of the fifty states, based on their performance during the years 1998-2000, along three dimensions: opinion quality (or influence as measured by out-of-state citations), independence (or non-partisanship), and productivity (opinions written). We also discuss ways of aggregating these measures. California and Delaware had the most influential courts; Georgia and Mississippi had the most productive courts; and Rhode Island and New York had the most independent courts. If equal weight is given to each measure, then the top five states were: California, Arkansas, North Dakota, Montana, and Ohio. We compare our approach and results with those of other scholars and the U.S. Chamber of Commerce, whose influential rankings are based on surveys of lawyers at big corporations.

Number of Pages in PDF File: 51

Keywords: state courts, high courts, court performance

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Date posted: March 10, 2009  

Suggested Citation

Choi, Stephen J. and Gulati, G. Mitu and Posner, Eric A., Which States Have the Best (and Worst) High Courts? (May 1, 2008). U of Chicago Law & Economics, Olin Working Paper No. 405; U of Chicago, Public Law Working Paper No. 217; Duke Law School Public Law & Legal Theory Paper No. 236. Available at SSRN: http://ssrn.com/abstract=1130358 or http://dx.doi.org/10.2139/ssrn.1130358

Contact Information

Stephen J. Choi
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
Gaurang Mitu Gulati
Duke University - School of Law ( email )
210 Science Drive
Box 90362
Durham, NC 27708
United States
Eric A. Posner (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)
HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/
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