4504031478_36c499eac2_zYesterday, we began our discussion of the impact of publication at the Appellate Court on the Illinois Supreme Court’s civil and criminal dockets. We analyzed whether decisions which were published below – presumably, the decisions more open to disagreement – were more likely to lead to dissenting opinions before the Court. Today, we address the

8023550202_ea7f2670ae_zLast week, we began our analysis of the impact of publication at the Appellate Court level on the Illinois Supreme Court’s civil and criminal dockets. Today, we look at a related question – are published Appellate Court decisions a good predictor that the Illinois Supreme Court’s decision on the case will be divided? One would

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Yesterday, we began our investigation of the importance of dissents at the Appellate Court for litigation at the Illinois Supreme Court.  We demonstrated that the often-heard claim that obtaining review at the Court is impossible without an Appellate Court dissent isn’t true, either on the civil or the criminal side.  Today, we address a related

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Originally published on Law360, Feb. 3, 2016. Posted with permission.

For the past three years, we’ve taken a close statistical look at the previous year’s decisions from the Illinois Supreme Court to see what insights could be gained about the justices’ voting patterns and decision making dynamics. (View the 2012 analysis here, 2013

11442225495_9d9cc1cbc4_zToday we continue our statistical preview of the Illinois Supreme Court’s upcoming September term with State of lllinois v. American Federation of State, County and Municipal Employees, Council 31. AFSCME poses a question with potentially significant ramifications across a range of cases: are the State’s contractual promises in contracts with its employee unions conditional on

4401992531_9f9a6b63b8_zYesterday, we addressed the principal question discussed in most previous scholarship looking at question patterns in appellate oral arguments: does the losing side average more questions?

Today, we turn to a related question: do a party’s chances of winning fall as the questioning becomes more lopsided? What about the vote – is counsel who gets

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