Contact Us

Instructions

Frequently Asked Questions

ETD Help

Policies and Procedures

Copyright and Patents

Access Restrictions

Search ETDs:
Advanced Search
Browse by:
Browse ProQuest
Search ProQuest

Laney Graduate School

Rollins School of Public Health

Candler School of Theology

Emory College

Emory Libraries

New ETD website is now LIVE and located here: etd.library.emory.edu

Practical Appeals: The Influence of Judicial Ideology on the Decision of Litigants to Appeal

Atsegbua, Joy-Annette (2015)
Honors Thesis (48 pages)
Committee Chair / Thesis Adviser: Giles, Micheal W
Committee Members: Walker, Thomas G ; Banerjee, Samiran
Research Fields: Political Science, General
Keywords: judicial ideology; litigant decision-making; appeals
Program: College Honors Program, Political Science
Permanent url: http://pid.emory.edu/ark:/25593/pjhbq

Abstract

Scholars of judicial politics often use judges as the subject of analysis when investigating what influences judicial outcomes. Because of the vital role litigants play by providing cases for judges to decide, understanding how litigants behave within the judicial system is beneficial for a more comprehensive understanding of judicial outcomes. This study will examine the decision of the litigant to pursue an appeal of the decision of a Court of Appeals three-judge panel to the Supreme Court or the full circuit. I hypothesize that the decision by the litigant of where to appeal is grounded primarily in the ideological preferences of the higher courts, because the litigant is concerned with reversing the decision of the three-judge panel - which is often reflective of the panel's ideological preferences. Using Court of Appeals data from 1970-2002 and the known ideological preferences of judicial actors, I predict the appeal decision of litigants with a model functioning only on ideology and compare these results to the actual decisions of the litigants. The results of this study do not provide support for the expectation that litigants appeal using ideology as their main consideration.

Table of Contents

Introduction ................................................................................1

The Structure of the Federal Courts of General Jurisdiction ..................3

Pathways of Appeal .......................................................................6

The Decision to Grant Review ..........................................................8

The Decision to Seek an Appeal ......................................................14

Statement of Hypotheses ...............................................................16

Description of Data .......................................................................19

Analysis ......................................................................................26

Conclusion ...................................................................................36

References ..................................................................................39

Files

application/pdf Honors Thesis 48 pages (290 KB) [Access copy of Honors Thesis]
Permission granted by the author to include this thesis or dissertation in this repository. All rights reserved by the author. Please contact the author for information regarding the reproduction and use of this thesis or dissertation.