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27 Rev. Litig. 669 (2007-2008)
An Empirical Study of Amici Curiae in Federal Court: A Fine Balance of Access, Efficiency, and Adversarialism

handle is hein.journals/rol27 and id is 677 raw text is: An Empirical Study of Amici Curiae in Federal Court: A Fine Balance of Access, Efficiency, and Adversarialism Linda Sandstrom Simard 1. IN TROD UCTION ........................................................................ 670 II. HISTORICAL ANALYSIS: FROM THEN TO Now ......................... 676 A. The Origins of the Amicus Curiae ................................... 676 B. The Role of Amici Curiae in Modern Litigation ............. 680 III. EMPIRICAL ANALYSIS: A VIEW FROM THE BENCH ................. 684 A. What percentage of cases on your docket involve am ici curiae? ...................................................... 686 B. In cases involving amici curiae, are you influenced by the identity, prestige, or experience of the am icus curiae? ...................................................... 688 C. In cases involving amici curiae, are you influenced by the number of amici curiae (including co-signors) or the number of amicus briefs filed? ............................. 689 D. Do you believe amici curiae may be helpful in any of the following functions? ....................................... 690 1. .. . to offer legal arguments that are absent from the parties' briefs ............................................. 690 2. . . . to focus the court's attention on matters that extend beyond the parties' dispute but impact a direct interest held by the amicus which may be materially impacted by the outcome of the case in which the amicus seeks to participate .................. 692 3. ... to focus the court's attention on matters that extend beyond the parties' dispute but impact an ideological interest held by the amicus curiae .... 693 4 .... to facilitate a party who is not adequately represented ............................................. 693 5. . . to participate as litigating amicus by conducting discovery, or participating in trial stages of litigation ............................................. 694 * Associate Dean and Professor of Law, Suffolk University Law School. I would like to thank Judge William G. Young for his helpful comments and Ellen Delaney, Reference Librarian, for her tremendous help in finding resources on empirical research methodology.

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