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Revisiting the Business of State Supreme Courts in the 21st Century

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  • Brent D. Boyea
  • Paul Brace

Abstract

In this research note, we extend four decades of research mapping the work of state supreme courts since the 1870s employing newly available data to map the work of state high courts into the 21st century. Comparing these recent data with the historical patterns illustrated in past studies, our analysis reveals both stable trends as well as notable changes. Criminal and contract appeals continued to increase, debt and real property appeals continued to decrease, tort appeals stabilized, and public law and family and estates appeals declined markedly in the most recent period after exhibiting stability previously. Combined with these past studies, this research note illustrates both significant stability as well as notable change in the work of state supreme court dockets spanning almost 150 years.

Suggested Citation

  • Brent D. Boyea & Paul Brace, 2021. "Revisiting the Business of State Supreme Courts in the 21st Century," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(3), pages 684-696, September.
  • Handle: RePEc:wly:empleg:v:18:y:2021:i:3:p:684-696
    DOI: 10.1111/jels.12294
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    References listed on IDEAS

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    1. Brian J. Ostrom & Shauna M. Strickland & Paula L. Hannaford‐Agor, 2004. "Examining Trial Trends in State Courts: 1976–2002," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 755-782, November.
    2. Michael Heise & Martin T. Wells, 2016. "Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(3), pages 516-535, September.
    3. Marc Galanter, 2004. "The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 459-570, November.
    4. Robert Moog, 2009. "Piercing the Veil of Statewide Data: The Case of Vanishing Trials in North Carolina," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 147-176, March.
    5. Stephen C. Yeazell, 2004. "Getting What We Asked For, Getting What We Paid For, and Not Liking What We Got: The Vanishing Civil Trial," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 943-971, November.
    6. Stephen B. Burbank, 2004. "Vanishing Trials and Summary Judgment in Federal Civil Cases: Drifting Toward Bethlehem or Gomorrah?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 591-626, November.
    7. Theodore Eisenberg & Michael Heise, 2015. "Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(1), pages 100-127, March.
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