Examining the Freshman Effect's Impact on the Treatment of Precedent

• In Event: US Courts of Appeals: The Appellate Work Horses of the Federal Judiciary

Abstract

Over the years many studies have shown there are differences in the behavior of judges based on their length of tenure on the bench, and hence, have concluded there is a freshman effect when it comes to the decisions judges make. Studies have shown that freshman judges at all levels of the federal judiciary differ in their behavior when it comes to workload and the variability of the decisions they make. This study attempts to further the existing literature on the existence of a freshman effect by examining whether freshman judges on the United States Courts of Appeals are more or less likely to be responsive to changing Supreme Court precedent than their more senior colleagues. Using data that examines circuit court decisions in the area of the Establishment Clause from 1971-2005, preliminary results show there are some differences in how these two groups of judges treat changing precedent, but the changes are not what prior theory would predict.

Author

• Jennifer Jacobson, Kutztown University