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Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

Our latest repost:

We begin our analysis by addressing the foundation of the entire body of data analytic scholarship on appellate judging: competing theories of judicial decision making.

The oldest theory by far is generally known in the literature as “formalism.”  This is the theory we all learned in law school, according to which every

Our short series of contextual reposts continues:

Although the state Supreme Courts have not attracted anything near the level of study from academics engaged in empirical legal studies that the U.S. Supreme Courts and Federal Circuits have a number of different researchers have attempted to compare how influential the various state courts are for the

I’m always surprised when I encounter litigators who dismiss litigation analytics as a passing fad.  In fact, as shown in the reprint post below, it’s a century-long academic enterprise which has produced many hundreds of studies conclusively proving through tens of thousands of pages of analysis the value of data analytics in better understanding how

The Illinois Supreme Court Review recently marked its sixth anniversary.  In April, the California Supreme Court Review turns five.

So I thought it was time for a first: cross-posted reprints from the earliest days of the blogs.  My early attempts to provide context for the work and to answer the question I often heard in

Yesterday, we showed that Justice Garman has voted with the minority in 6.84% of her civil cases since joining the Court, slightly below Chief Justice Burke’s percentage.  Justice Theis’ percentage is almost identical: she has voted with the minority in 6.83% of her civil cases since joining the Court in 2010.  There are no strong

Last time, we looked at how often Chief Justice Anne Burke voted with the minority in civil cases – a proxy for how closely in sync with the philosophy of the other Justices she has been throughout her career.  Today, we’re addressing the same number for Justice Garman.

The Chief Justice has been in the

With this post, we’re addressing a new question in our ongoing review of the Justices’ voting records: how often each Justice is in the minority.  The question serves as an indication of how closely in sync with the majority of the Court an individual Justice is philosophically, and during a Justice’s term as Chief Justice,

This time, we’re beginning our review of the voting record of Justice Michael Burke, who took his seat on March 1, 2020, replacing the retired Justice Robert R. Thomas.  Previously, Justice Burke had served for twelve years as a Justice of the Second District Appellate Court.

During 2020, Justice Michael Burke voted in 19 civil

Today, we’re examining the voting record of one of the newer members of the Supreme Court, Associate Justice P. Scott Neville, Jr.  Justice Neville took his seat on June 15, 2018, succeeding Justice Charles Freeman.  Prior to joining the Court, Justice Neville sat on the First District Appellate Court from 2004 to 2018. During his

Today, we’re beginning our examination of the voting record of Chief Justice Anne M. Burke.  Chief Justice Burke took her seat on July 6, 2006.  Through the end of 2020, she had voted in 463 civil cases.

It’s reasonable to suppose that the distribution of a Justice’s votes between affirmance and reversal might tell us