Chapter

Perspectives on Causes and Consequences

in Specializing the Courts

Published by University of Chicago Press

Published in print February 2011 | ISBN: 9780226039541
Published online March 2013 | e-ISBN: 9780226039565 | DOI: http://dx.doi.org/10.7208/chicago/9780226039565.003.0002
Perspectives on Causes and Consequences

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This chapter introduces the issues of the causes and consequences of judicial specialization. It first describes the potential effects of high levels of specialization along its two dimensions on the neutral virtues of quality, efficiency, and uniformity and on the substance of judicial policy. The chapter also discusses the motivations and processes that might bring about judicial specialization. The significance of judicial specialization rests primarily on the difference it makes for a court's outputs if that court has high levels of judge concentration or case concentration. The neutral virtues and the substance of judicial policy are not fully independent of each other. The impact of specialization on the effect of interested groups begins with the selection of judges. The potential for a court to pursue a policy-oriented mission underlines the importance of judicial specialization. Specialization might increase budgetary resources for the courts.

Keywords: judicial specialization; causes; consequences; neutral virtues; judicial policy; court; judges

Chapter.  12750 words. 

Subjects: US Politics

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