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"Inside Appellate Courts" is a comprehensive study of how the
organization of a court affects the decisions of appellate judges.
Drawing on interviews with more than seventy federal appellate
judges and law clerks, Jonathan M. Cohen challenges the assumption
that increasing caseloads and bureaucratization have impinged on
judges' abilities to bestow justice. By viewing the courts of
appeals as large-scale organizations, "Inside Appellate Courts"
shows how courts have walked the tightrope between justice and
efficiency to increase the number of cases they decide without
sacrificing their ability to dispense a high level of
justice.
Cohen theorizes that, like large corporations, the courts must
overcome the critical tension between the autonomy of the judges
and their interdependence and coordination. However, unlike
corporations, courts lack a central office to coordinate the
balance between independence and interdependence. Cohen
investigates how courts have dealt with this tension by examining
topics such as the role of law clerks, methods of communication
between judges, the effect of a court's size and geographic
location, the role of argumentation, the use of visiting judges,
the significance of the increasing use of unpublished decisions,
and the nature and role of court culture.
"Inside Appellate Courts" offers the first comprehensive
organizational study of the appellate judicial process. It will be
of interest to the social scientist studying organizations, the
sociology of law, and comparative dispute resolution and have a
wide appeal to the legal audience, especially practicing lawyers,
legal scholars, and judges.
Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph
LLP.
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