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8 J. App. Prac. & Process 101 (2006)
Applied Freakonomics: Explaining the Crisis of Volume

handle is hein.journals/jappp8 and id is 111 raw text is: THE JOURNAL OF APPELLATE PRACTICE AND PROCESS SELECTED PRESENTATIONS APPLIED FREAKONOMICS: EXPLAINING THE CRISIS OF VOLUME Thomas E. Baker* Some of you have read the New York Times bestselling book titled Freakonomics.' The authors explain Freakonomics this way: [T]he everyday application of Freakonomics... has to do with thinking sensibly about how people behave in the real world. All it requires is a novel way of looking, of discerning, of measuring. This isn't necessarily a difficult task, nor does it require super-sophisticated thinking.2 I want to take this approach to understanding the long-term trends in the supply and demand for appellate decisionmaking * Professor, Florida International University College of Law. This essay is based on my talking points as one of the panelists for the session entitled The Position of Appellate Courts Today--Overview: Demand and Supply on November 5, 2006, at the National Conference on Appellate Justice. An effort was made here to preserve the informal spontaneity and accessibility of an oral presentation in the text. Candor, rather than immodesty, compels me to disclose some of my relevant professional involvements and to provide citations to some of my writings in these footnotes. I thank Judge Richard A. Posner and Dr. Russell Wheeler for their give and take on these issues during my preparation and presentation. 1. Steven D. Levitt & Stephen J. Dubner, Freakonomics: A Rogue Economist Explores the Hidden Side of Everything (William Morrow 2005). 2. Id. at 205. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Vol. 8, No. I (Spring 2006)

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