Tag: Quantitative Analysis

An Empirical Analysis of § 1983 Qualified Immunity Actions and Implications of Pearson v. Callahan

Greg Sobolski & Matt Steinberg

The Supreme Court’s recent decision in Pearson v. Callahan marked a turning point in a judicial experiment concerning § 1983 constitutional litigation, which began in 2001 with Saucier v. Katz. The experiment involved the doctrine of qualified immunity, an immunity from suit extended to state and local government officials (and… Read More »

Opinion Specialization: Alive and Well in the Federal Appellate Judiciary

Edward K. Cheng - Brooklyn Law School

In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow exceptions such as bankruptcy and tax.
The romantic image of the generalist, however, is not without its costs. The… Read More »

Does Media Consolidation Stifle Viewpoints?: How the Supreme Court Can Provide an Answer

Daniel E. Ho & Kevin M. Quinn

When Rupert Murdoch launched his failed bid for Newsday last year at a price of $580 million consumer groups were up in arms.  Common Cause assailed the proposed acquisition as “a step back that will hurt our democracy.” S. Derek Turner of Free Press charged, “New York, like the rest of… Read More »