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January 06, 2007

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Matthew Holden, Jr.

In January, I posted a question about analysis of how the district judge transforms the record into a decision.

I repeat that question, which is tgaking on severe practicality, at least in the district court in one state (Mississippi).

The Democratic leadership, heavily influenced by its black constituency, had sought a decision to require party registration in order to preclude others from invating their primary. They goit that, but they also got a court order, which no one had requested, that photo ID be introduced, which is something with severe implications. One does not have to challenge whether the judge was right. The question is how one analyzes, i. e. how scholars are taught to analyze, the record and how the judge gets from gthe record to a decision.

Matthew Holden, Jr.

In this enterprise, is there a discussion, and possibly a citation to some recent scholarly literature, that shows how to describe and evaluate (a) what the Federal district court judge does in the course of proceeding and (b) what the judge does in transforming the record into his or her decision?

Ken

Thanks Jason. Any chance you'd be willing to update this posting with links to all the papers?

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