Further Empirical Insights and Findings on the Eighth Circuit

While empirical research is often eschewed in legal analysis, it can provide a firm basis on which to predict judicial decisions. As a follow-up to An Empirical Analysis of Reversal Rates in the Eighth Circuit During 2008, this Article provides further insights into the correlation between a district judge's political affiliation and the rate at which the judge is reversed. Correlation, whether with or without a causal connection, is a critical predictor of a case's success on appeal. Further objective research is encouraged beyond the Eight Circuit.

Such research should concentrate not on dissenting rates, but on isolating the factors that statistically impact reversal rates, as attorneys, clients, and the justice system will all benefit from more predictable outcomes.