{"title":"Empirical Measures of Judicial Performance: An Introduction to the Symposium","authors":"Steven G. Gey, Jim Rossi","doi":"10.2139/SSRN.614550","DOIUrl":null,"url":null,"abstract":"Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them to address the topic of empirical measures of judicial performance. The papers in this \"Symposium on Empirical Measures of Judicial Performance\" address empirical measures of judicial performance from a variety of methodological perspectives, but as this Foreword suggests, they can roughly be organized around three basic themes. First, many of the papers critique the empirical enterprise itself and especially the tournament strategy for evaluating judges, although these papers also raise important issues for future empirical study of judges. Second, many of the papers in the Symposium propose new ways of operationalizing the empirical study of judicial performance or present fresh new empirical evidence about judges and courts. Third, some of the papers focus on the behavioral and institutional implications or empirical studies of judges and courts. As the papers in the Symposium would indicate, the empirical tournament has inspired some important advances in the discourse about measurement of performance in the context of the judiciary and its relevance to the selection of judges and the judicial process. While efforts to measure judicial performance empirically simultaneously revive many old controversies and presents new issues, its debates will be certain to continue as long as we have data, judges, and courts.","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"79 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2004-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Florida State University law review. Florida State University. College of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.614550","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 3
Abstract
Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them to address the topic of empirical measures of judicial performance. The papers in this "Symposium on Empirical Measures of Judicial Performance" address empirical measures of judicial performance from a variety of methodological perspectives, but as this Foreword suggests, they can roughly be organized around three basic themes. First, many of the papers critique the empirical enterprise itself and especially the tournament strategy for evaluating judges, although these papers also raise important issues for future empirical study of judges. Second, many of the papers in the Symposium propose new ways of operationalizing the empirical study of judicial performance or present fresh new empirical evidence about judges and courts. Third, some of the papers focus on the behavioral and institutional implications or empirical studies of judges and courts. As the papers in the Symposium would indicate, the empirical tournament has inspired some important advances in the discourse about measurement of performance in the context of the judiciary and its relevance to the selection of judges and the judicial process. While efforts to measure judicial performance empirically simultaneously revive many old controversies and presents new issues, its debates will be certain to continue as long as we have data, judges, and courts.
受到新兴的司法实证文献的启发,《佛罗里达州立大学法律评论》(Florida State University Law Review)的编辑们向知名学者和联邦上诉法院的法官征集了一些论文,请他们就司法表现的实证衡量这一主题发表看法。本次“司法绩效实证措施研讨会”的论文从不同的方法论角度探讨了司法绩效的实证措施,但正如本前言所示,它们大致可以围绕三个基本主题进行组织。首先,许多论文批判了实证企业本身,特别是评估裁判的比赛策略,尽管这些论文也为未来的裁判实证研究提出了重要问题。其次,研讨会上的许多论文提出了实施司法绩效实证研究的新方法,或提出了关于法官和法院的新的实证证据。第三,一些论文侧重于法官和法院的行为和制度影响或实证研究。正如专题讨论会的论文所指出的那样,经验主义竞赛在关于司法方面的业绩衡量及其与选择法官和司法程序的关系的论述方面取得了一些重要进展。虽然以经验衡量司法绩效的努力同时引发了许多旧的争议,并提出了新的问题,但只要我们有数据、法官和法院,辩论肯定会继续下去。