How Many Cases Are Easy?

Abstract Because judges are expected to decide cases through the impartial application of existing law, they often reluctant admit that must make law in hard cases. Many claim such rare, constituting roughly 10 percent In stark contrast, economic models selection disputes for litigation predict easy will settle, so only would remain trial and appellate courts. Empirical indicators, as dissent rates or voting differences between Democratic Republican appointees, have yielded muddled conclusions about proportion fact, none these crude statistics relate directly This article develops a new approach empirically analyzing Although easiness hardness subjective, it is possible estimate feasible combinations clear errors. relies on basic premise reasonable should not disagree The then illustrates this using two datasets appeals. An analysis asylum appeals 9th Circuit finds widespread disagreement, implying high proportions cases, errors, both. By data from labor environmental D.C. consistent with 90 1 decisions