31 Pages Posted: 14 Jun 2005
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).
Keywords: heuristics, biases, federal courts, attitudinal model, strategic model, judicial behavior
Suggested Citation: Suggested Citation
Guthrie, Chris and George, Tracey E., The Futility of Appeal: Disciplinary Insights into the 'Affirmance Effect' on the United States Court of Appeals. Florida State University Law Review, Vol. 32, No. 2, pp. 357-185, Winter 2005; Vanderbilt Public Law Research Paper No. 05-21; Vanderbilt Law and Economics Research Paper No. 05-17. Available at SSRN: https://ssrn.com/abstract=743167