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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