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50 Stetson L. Rev. i (2020-2021)

handle is hein.journals/stet50 and id is 1 raw text is: STETSON LAW REVIEW VOLUME 50 FALL 2020 NUMBER 1 OPEN ISSUE ARTICLES What Judges Cite: A Study of Three Appellate Courts Mark Cooney 1 What do appellate judges cite? Lawyers have hunches, but this study, which tallies more than 13,000 citations from three different appellate courts (including the U.S. Supreme Court), transforms those hunches into concrete data-with some twists and curiosities along the way. Unlike previous studies that focused on just one type of authority, this study considers it all. The results reveal courts' citation preferences for binding precedent (including the age of cited cases), persuasive precedent, codified law, secondary sources (including a topical breakdown of law-review articles), and nontraditional sources such as books and websites. Some of the statistics challenge assumptions. Readers will see, for example, textualist jurists ignoring dictionaries and citing legislative history. And the results are sprinkled with oddities, from an operatic libretto to a 16th-century Elizabethan statute. The Article concludes with a statistical snapshot of the typical U.S. Supreme Court opinion (majority and dissent) and the typical state court-of- appeals opinion. Burning Down the Administrative State: Lucia and the Threat to the Decisional Independence of Veterans Michael Neal 53 Law Judges The Executive Branch is resurgent. Recently, the Supreme Court held in Lucia v. Sec. & Exch. Comm'n that Administrative Law Judges (ALJs) in the SEC are inferior officers under the Appointments Clause of the Constitution. In doing so, the Court has called into question the removal protections of thousands of inferior officers in the Executive Branch. Veterans Law Judges (VLJs), administrative decision-makers within the Department of Veterans Affairs, are likely inferior officers and share the same statutory removal protection as ALJs. History illustrates the perils of greater executive oversight over administrative decision- makers, perils manifesting again today. Amidst calls to burn down the administrative state, Lucia and related case law threaten the decisional independence of VLJs and the integrity of a beleaguered veterans benefits appeals system. Accordingly, Congress should vest the powers to appoint and remove VLJs in the Courts of Law. Doing so would cure the constitutional defect in their current protection from removal while insulating them from extrajudicial influences. Specifically, Congress should place VLJs under the supervision of the United States Court of Appeals for Veterans Claims (CAVC) and, in turn, place CAVC under the supervision of an Article III court. CAVC is in the best position to supervise VLJs, and placing CAVC under Article III supervision would remove VLJs from the executive chain of command. Not without its own challenges, this hybrid model of supervision is the ideal solution to the dilemma posed by Lucia. Re-Birthing Wrongful Birth Claims in the Age of IVF and Abortion Reforms Dr. Barbara Pfeffer Billauer 85 Claims for reproductive negligence typically fall under two rubrics. Claims by the wrongfully birthed child are almost never countenanced, while claims by the wronged parent generally are. Nevertheless, in these wrongful birth claims, usually recovery is strictly limited. While damages for rearing a child with congenital ailments may be allowed, those for raising healthy child are not. The i

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