The Effects of Collegiality on Judicial Decision Making

Abstract

In The Nature of the Judicial Process, Justice Benjamin Cardozo tried to explain how appellate judges overcome their individual predilections in decision making.'His thesis was that the different perspectives of the members of an appellate bench "balance one another." 2 He argued that "out of the attrition of diverse minds there is beaten something which has a constancy and uniformity and average value t Circuit Judge, United States Court of Appeals for the D.

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