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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.

2200500024_e93db99b61_zLast week, we looked at whether the level of disagreement on the Illinois Supreme Court affects the average number of questions at oral argument. Today, we begin our analysis of the central question addressed in most of the previous scholarship: does the losing side tend to get the most questions?

For the entire period from

327122302_bbc4a3935b_zYesterday, we addressed the data on average questions asked to each side by the Illinois Supreme Court in unanimous and non-unanimous cases. We concluded that there was no evidence that disagreement on the Court had a consistent effect in either direction on the total number of questions.

But of course, “non-unanimous” is an aggregate statistic,

4555108439_c3aba7565b_zLast week, we began our analysis of questioning patterns on the Court by addressing the most basic question of all: which side gets the most questions? Today, we address a related question: does it matter if there is disagreement on the Court?

Certain theories about the role of oral argument in appellate decision making would

3392883329_00b509024e_zToday, we begin our analysis of the questioning patterns in civil cases at the Illinois Supreme Court.

But first, a few ground rules to govern our inquiry. Data is always assigned to the year in which the case was decided, not the date of its argument. Therefore, the data for 2008 will always be incomplete,

2999130055_8697986e51_zYesterday, we looked at the evidence of a centrist voting bloc at the Court between 2005 and 2009, consisting of Chief Justice Thomas and Justices Garman and Karmeier, frequently joined by Justice Fitzgerald. Today, we look at the agreement rates among the remainder of the Justices.

Justice Burke initially had quite high agreement rates with