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Acclimation Effects and Separate Opinion Writing in the U.S. Courts of Appeals

Author

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  • Virginia A. Hettinger
  • Stefanie A. Lindquist
  • Wendy L. Martinek

Abstract

Objective. This article investigates the existence of a freshman effect on separate opinion authorship on the U.S. Courts of Appeals. First, we evaluate the extent to which freshman judges demonstrate unique behavior with respect to writing concurring and dissenting opinions. Second, we examine the potential for background factors to condition any freshman effect. Methods. Individual judges' decisions to author separate opinions, drawn from the Courts of Appeals Database (1960 to 1988), are modeled as a function of a host of individual‐ and circuit‐level factors, including the freshman status of the judge. Results. After controlling for alternative explanations, we find that freshman judges on the courts of appeals are less likely to author concurring and dissenting opinions. Prior federal or appellate court experience, however, does not appear to condition the freshman effect. Conclusion. Freshman circuit court judges experience significant acclimation effects following their elevation to the federal appellate bench.

Suggested Citation

  • Virginia A. Hettinger & Stefanie A. Lindquist & Wendy L. Martinek, 2003. "Acclimation Effects and Separate Opinion Writing in the U.S. Courts of Appeals," Social Science Quarterly, Southwestern Social Science Association, vol. 84(4), pages 792-810, December.
    • Handle: RePEc:bla:socsci:v:84:y:2003:i:4:p:792-810
    DOI: 10.1046/j.0038-4941.2003.08404009.x
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    Cited by:

    1. Joshua B. Fischman, 2015. "Do the Justices Vote Like Policy Makers? Evidence from Scaling the Supreme Court with Interest Groups," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 269-293.
    2. Grajzl, Peter & Silwal, Shikha, 2020. "Multi-court judging and judicial productivity in a career judiciary: Evidence from Nepal," International Review of Law and Economics, Elsevier, vol. 61(C).
    3. Paul M. Collins, 2008. "Amici Curiae and Dissensus on the U.S. Supreme Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(1), pages 143-170, March.
    4. Paul M. Collins, Jr. & Wendy L. Martinek, 2011. "The Small Group Context: Designated District Court Judges in the U.S. Courts of Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(1), pages 177-205, March.
    5. Erin B. Kaheny & Susan Brodie Haire & Sara C. Benesh, 2008. "Change over Tenure: Voting, Variance, and Decision Making on the U.S. Courts of Appeals," American Journal of Political Science, John Wiley & Sons, vol. 52(3), pages 490-503, July.
    6. Brent D. Boyea, 2010. "Does Seniority Matter? The Conditional Influence of State Methods of Judicial Retention," Social Science Quarterly, Southwestern Social Science Association, vol. 91(1), pages 209-227, March.

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