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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