
Contents
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Introduction Introduction
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Reversal and Reputation Reversal and Reputation
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Building Assessments Building Assessments
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Assessments, Collegiality, and Ideology Assessments, Collegiality, and Ideology
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Measuring Hierarchical Collegiality Measuring Hierarchical Collegiality
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Data and Research Design Data and Research Design
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Results Results
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Direct Effects of Reputation Direct Effects of Reputation
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Conditional Effect of Ideology by Assessments Conditional Effect of Ideology by Assessments
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Control Variables Control Variables
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Conclusions Conclusions
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Appendix 6.A: Summary Statistics Appendix 6.A: Summary Statistics
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Appendix 6.B: Regression Results Appendix 6.B: Regression Results
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6 The Lunchroom Politics of Intercourt Relations
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Published:June 2023
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Abstract
This chapter examines the effects of interpersonal contact on the propensity of U.S. Courts of Appeals judges to reverse the decisions made by their colleagues on U.S. District Courts. Based on both law and practice, appellate judges rely on their assessments of a trial judge’s quality when deciding whether to affirm or reverse. We suggest interpersonal conduct is one way appellate judges form assessments of a lower court judge’s quality. Relying on a dataset of all published Fourth Amendment search and seizure decisions from 1953 to 2010, this chapter finds that when appellate and trial court judges have frequent interpersonal contact, the effect of ideology on the appellate judge’s decision to reverse is essentially imperceptible. Moreover, neither a trial judge’s formal qualifications nor the ideological character of their decision is associated with the likelihood they are reversed, underscoring the importance of interpersonal contact between judges as an important assessment tool.
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