Source of Information or ‘Dog and Pony Show’?: Judicial Information Seeking During U.S. Supreme Court Oral Argument, 1963-1965 & 2004-2009

Source of Information or ‘Dog and Pony Show’?: Judicial Information Seeking During U.S. Supreme Court Oral Argument, 1963-1965 & 2004-2009

by James Cleith Phillips (University of California, Berkeley – School of Law) and Edward Carter (Brigham Young University)

Santa Clara Law Review, Vol. 50, pp. 101-203, 2010

Abstract:

Scholars and lawyers have long debated what role, if any, oral argument plays in the U.S. Supreme Court‘s decision-making process. While some have attempted anecdotally to determine whether or not Justices use oral argument to gather information in order to decide a case, few have attempted to investigate oral argument empirically. Additionally, no scholar to date has specifically measured the levels of information-seeking behavior during oral argument of individual Justices. Finally, there have been few studies attempting to quantitatively compare oral argument behavior in different time periods. This study attempts to address such deficiencies in Supreme Court scholarship.

Source: LSN Experimental & Empirical Studies Abstracts, Vol. 10, No. 84: Oct 12, 2009

This entry was posted in United States Supreme Court and tagged , , , by Erika Wayne. Bookmark the permalink.

About Erika Wayne

Erika V. Wayne is deputy library director and lecturer in law at Stanford Law School. Along with George Wilson, Kate Wilko and Paul Lomio, Erika Wayne has co-taught Advanced Legal Research for 3 years. Erika's interest in Open Access dates back to the 1996 when she helped in the development of the Securities Class Action Clearinghouse -- the first court designated internet site for public posting of securities litigation filings. And, she hates to pay for *anything* that should be free. She has a law degree from Penn and a library degree from Illinois.

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