The Collegial Alternative

Legal Doctrine on Collegial Courts

Appellate courts, which have the most control over legal doctrine, tend to operate through collegial (multimember) decision making. How does this collegiality affect their choice of legal doctrine? Can decisions by appellate courts be expected to result in a meaningful collegial rule? How do such collegial rules differ from the rules of individual judges? We explore these questions and show tha...

Collegial Ethics: Supporting Our Colleagues

The goal of collegial ethics is to actively support our colleagues and to develop the skills needed to do so. While collegial interactions are key for our careers, there is little or no training in this. Many of our actions and reactions with our colleagues are instinctive. Human nature has evolved to be self-protective, but many evolved and automatic responses to others are not always in the b...

Disagreements on Collegial Courts : A

How do disagreements between judges on collegial (multimember) courts affect legal policy? We address this question by developing an account of the nature of judicial disagreements in the case-space model of judicial choice. We distinguish between different types of disagreement, from disagreements about case facts to disagreements about how legal rules should treat varying case facts, and cons...

Collegial Learning and Collective Capacities

Collegial Support and Community with Trust