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For most individuals and organizations, state courts--especially state trial courts--are the 'law' for all effective purposes. State courts are America's courts. But, we know surprisingly little about state court judges despite their central and powerful role in lawmaking and dispute resolution. This lack of information is especially significant because judges' backgrounds have important implications for the work of courts. The characteristics of those who sit in judgment affect the internal workings of courts as well as the external perception of those courts and judges. The background of judges will influence how they make decisions and can impact the public's acceptance of those decisions. We aim to address this knowledge gap by collecting demographics on state judges in every state. We discovered, however, that the task is extraordinarily difficult due to many factors, including a lack of transparency and an abundant complexity in our state court systems. In this Article, we describe and evaluate the difficulty of studying state courts and the importance of continued efforts to do so. We explain a variety of methods to overcome some of the research challenges. We then lay out our findings on state court demographics. The process and outcome of our project can inform study of the judiciary and its place in our political system. We hope too they will encourage and facilitate future empirical study of state courts., INTRODUCTION 1888 I. THE IMPORTANCE OF EMPIRICAL RESEARCH ON STATE COURTS 1894 A. The Central Role of State Courts 1895 B. Interstate and Intrastate Variation in State Judicial Institutions 1897 [...]

For the past several decades, women have made up roughly half of law school classes and the ranks of entering law firm associates. Attrition between entry to law firms and partnership results in women comprising 20% to 25% of partners. But is there yet more attrition to the top of the partnership pyramid? Analyzing the past decade of data on publicly filed M&A deals and detailed biographical information of M&A lawyers, we find that women make up fewer than 10% of deal leaders. When we look at the factors that determine who becomes a deal leader, we find that credentials—both educational and professional—matter. But they matter more for women. And one credential—attending a top law school—seems to matter a lot. Using conversations with senior lawyers, we try to get answers for why. [ABSTRACT FROM AUTHOR]

Only a small fraction of lawsuits ends in trial-a phenomenon termed the "vanishing trial." Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a system that allows parties to resolve disputes independently. Analyzing criminal and civil filings in federal district court for the forty-year period from 1980 to 2019, we confirm a steady decline in the absolute and relative number of trials. We find, however, this emphasis on trial rate obscures courts' vital role and ignores parties' goats. Judges adjudicate disputes directly by ruling or effectively through other assessments of the parties' cases. Even as their absolute and relative numbers decrease, trials remain the most visible event in trial courts. The visible trial serves effectively as a guide star. Our findings warrant a fundamental reconceptualization of litigation as primarily about educating parties rather than about trying cases. The assessment theory proposed here views adjudication as a continuous, information-disclosing process that is guided by but not destined for trial. Our evaluation and expectations of the modern justice system should be focused on the effectiveness of judges as teachers. [ABSTRACT FROM AUTHOR]

CONSTITUTIONAL PROCESS: A SOCIAL CHOICE ANALYSIS OF SUPREME COURT DECISIONMAKING. By Maxwell L. Stearns. Ann Arbor: University of Michigan Press. 2000. Pp. ix, 420. $65. Bismarck famously remarked: "Laws are [...]

Abstract Background The top 3% of frequent attendance in primary care is associated with 15% of all appointments in primary care, a fivefold increase in hospital expenditure, and more mental disorder and functional somatic symptoms compared to normal attendance. Although often temporary if these rates of attendance last more than two years, they may become persistent (persistent frequent or regular attendance). However, there is no long-term study of the economic impact or clinical characteristics of regular attendance in primary care. Cognitive behaviour formulation and treatment (CBT) for regular attendance as a motivated behaviour may offer an understanding of the development, maintenance and treatment of regular attendance in the context of their health problems, cognitive processes and social context. Methods/design A case control design will compare the clinical characteristics, patterns of health care use and economic costs over the last 10 years of 100 regular attenders (≥30 appointments with general practitioner [GP] over 2 years) with 100 normal attenders (6–22 appointments with GP over 2 years), from purposefully selected primary care practices with differing organisation of care and patient demographics. Qualitative interviews with regular attending patients and practice staff will explore patient barriers, drivers and experiences of consultation, and organisation of care by practices with its challenges. Cognitive behaviour formulation analysed thematically will explore the development, maintenance and therapeutic opportunities for management in regular attenders. The feasibility, acceptability and utility of CBT for regular attendance will be examined. Discussion The health care costs, clinical needs, patient motivation for consultation and organisation of care for persistent frequent or regular attendance in primary care will be explored to develop training and policies for service providers. CBT for regular attendance will be piloted with a view to developing this approach as part of a multifaceted intervention.