On Behalf of the Condemned? The Impact of the NAACP Legal Defense Fund on Capital Punishment Decision Making in the U.S. Courts of Appeals

1998 ◽  
Vol 51 (1) ◽  
pp. 191-219
Author(s):  
Steven C. Tauber
2019 ◽  
Vol 48 (3) ◽  
pp. 391-401
Author(s):  
Joshua A. Strayhorn

The U.S. Courts of Appeals must ordinarily convene en banc to overturn circuit law. However, roughly half of the circuit courts have adopted an alternative, less costly procedure, the informal en banc, where three-judge panels may overturn precedent with approval of the full circuit. This article leverages variation in adoption and implementation of this institution to analyze the implications of ex post oversight mechanisms for ex ante panel decision making. The evidence suggests that the informal en banc substantially reduces the impact of ideology on panel decision making, providing new evidence that lower court judges strategically alter their behavior in anticipation of potential override by circuit colleagues.


Author(s):  
Pamela C. Corley ◽  
Wendy L. Martinek

The three-judge panel mechanism by which the courts of appeals process almost all (though not quite all) of their cases affords scholars unique opportunities to explore how appellate court decision-making may transcend being merely the sum of its parts. Specifically, court of appeals judges pursue their decision-making responsibilities as part of a collegial group, and thus it is important to understand how being a member of a multimember court influences their behavior.


Author(s):  
Laurel Boucher ◽  
James F. Clark

This paper outlines a multi-step approach to streamline and enhance the decision-making process that guides environmental remediation. The inability of the responsible party and the various stakeholders to reach agreement on the remediation plan can delay the remediation, result in financial penalties, and lead to the development of an adversarial stance that inhibits the ability of the parties to work together in a creative and constructive manner. The approach presented by the authors is designed to expand dialogue in a way that moves it beyond technical or fiscal matters by addressing what the authors describe as the “hidden barriers” to productive dialogue. These “hidden barriers” include: self-interests, the perception as to how people are being treated, a lack of clarity or poor management of responsibilities and accountabilities, unclear or convoluted communication protocols, and an underlying tone of conflict and cynicism. A key element of the multi-step approach outlined in this paper is the process of uncovering these “hidden barriers” and addressing them in a way that turns discourse into collaboration. The paper describes a model the authors have used to streamline and enhance the process of creating sustainable agreements both for the U.S. Department of Energy’s Office of Environmental Management as well as the U.S. Department of Defense for a variety of environmental remediation projects. The results of this approach include the acceleration of an environmental clean-up from a projected 19 years to 11 years, the development of innovative technical strategies, the reduction of a major backlog of environmental proposals requiring review and comment, and the distinction accorded one group of being recognized as a model of effective partnering. The approach described has widespread implications not only because its use can be expanded to include a multitude of decision-making applications but also because of the impact it creates by expanding both the management and leadership skills of those who use it.


1987 ◽  
Vol 1987 (1) ◽  
pp. 211-216 ◽  
Author(s):  
B. K. Trudel ◽  
S. L. Ross

ABSTRACT A method for making dispersant use decisions on the basis of environmental impact considerations has been developed. It involves formulating and then comparing predictions of the impact of a given spill if treated with dispersants or if left untreated in order to determine whether the use of dispersants might reduce the overall effects of the spill. A workbook describing the method has been used in numerous workshops in Canada and the U.S.A. to train environmental managers, and has served as a basis for the development of a quick, map-based, decision-making system for the Canadian Beaufort Sea. A similar system is currently being developed for the U.S. Gulf of Mexico.


2014 ◽  
pp. 227-246 ◽  
Author(s):  
Jeffrey Segal ◽  
Donald Songer ◽  
Charles Cameron

2020 ◽  
Vol 64 (12) ◽  
pp. 1715-1732
Author(s):  
Talia Roitberg Harmon ◽  
Michael Cassidy ◽  
Richelle Kloch

This research examines the influence of lethal injection drug shortages on Texas criminal justice officials’ decision to change the state’s three-drug lethal injection protocol to the use of pentobarbital as a single drug protocol, without judicial oversight. We analyze data collected under the three- and one-drug protocols from 1982 through 2020 and compare differences in the length of time the lethal injection took, and complications reported by media witnesses. Findings suggest a higher rate of botched executions under the one-drug protocol than the three-drug protocol. We discuss the role compounding pharmacies may play in our results, the impact of this work on the U.S. Supreme Court’s death penalty jurisprudence, and implications concerning the unilateral decision making by Texas state officials.


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