Exploring Panel Effects

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In Exploring Panel Effects, Professor Pauline Kim revisits the panel‐effects study she advanced in Deliberation and Strategy on the United States Courts of Appeals. Professor Kim reaffirms that despite its critical discussion of Frank Cross & Emerson Tiller's seminal piece on whistleblower theory, Deliberation and Strategy sought to focus solely on panel effects, and did not seek to “test” Cross & Tiller's hypothesis. Though Kim believes that Cross & Tiller's theory is in need of updating, she insists that it remains a seminal contribution to the literature and that she only sought to distinguish and clarify the terminology she uses in discussing panel effects. Kim finds that while the findings of her study were consistent with many elements of whistleblower theory, it did discredit the notion that appellate decisions are influenced by the presence of a minority panel member able to “blow the whistle” by dissenting.  Professor Kim then addresses the methodological concerns raised by Professors Lindquist & Martinek and Linkous &Tiller in their responses, and concludes that both sets of authors are correct when they find that more large‐scale, quantitative studies are needed before a comprehensive explanation of panel effects can be offered.

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