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09 March 2006


Stephen Waby

Indeed, Chris is right that I have used material other than survey/interview responses in my research. I have used opinions (as suggested), but, more important, and as hinted at in my original post, I have been able to see casefiles, which contain memoranda between clerks and judge; those are invaluable in determining what clerks actually do, and which suggestions by the clerk are adopted (on the influence by clerks point).
As to the difficulty of obtaining interviews with judges, I would suggest that some of the difficulty is trying to interview "the Supremes" -- it's like trying to interview members of Congress: there are so many demands on their time (and, in their case, so many others have already interviewed them), that one can't access to them. Now, if people would study other courts --e.g., the courts of appeals-- they would find judges much more willing to be interviewed, about PROCESS, not about specific cases, of course.
Steve Wasby

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