Predicting Appellate Outcomes Based on the Panel

By: Benjamin G. Shatz
– Daily Journal

In his latest column for Daily Journal, Manatt Appellate Partner Benjamin Shatz explored the role that personal and professional backgrounds play in appellate judges’ decisions despite the standard of neutrality their duties expect.  

Shatz discussed two recent law review articles that explored which aspects of a judge’s background significantly impact their decisions, including the type of previous legal experience—whether civil or criminal—as well as their political affiliations. “Practitioners are still stuck with whatever panel they draw regardless, but everyone appreciates being able to at least attempt to predict what is likely to happen and why. These recent studies provide appellate practitioners with new tools for prognosticating,” he concluded. 

Daily Journal subscribers can read the full article here. 



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