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Know Thy Judges
Appropos of my comments on the Reagan judges who dominate the
appeals court in Washington that will hear the Microsoft matter, an
antitrust plaintiff has inquired of me privately as to how he could find out
about the background of the federal judge who is handling his case and those
who will be hearing his (very) likely appeal. Answer: There may be some
bio data on our 1,000 U.S. judges available online. But the best source is
in your local law library. Stop by and tell the librarian what you need.
She'll be delighted to find it for you.
Charles Mueller, Editor
ANTITRUST LAW & ECONOMICS REVIEW
http://webpages.metrolink.net/~cmueller
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The best source I know of is *Almanac of the Federal Judiciary,*
published by LawLetters, Inc., Chicago, which unfortunately costs $300 or
so. (It includes such things as 'lawyers' evaluations,' anonymous comments
on the judge by lawyers who are familiar with his court.) Your nearest
courthouse will have a law library. Call the librarian there and ask her if
she has this one or some other version. She'll almost certainly have one of
some kind. (In your 9th Circuit, there are some 30 judges and it would be
prudent to collect all their biographies. On average, an antitrust
plaintiff's odds are a little better in that circuit than in the other
10--but they're still awful unless it happens to be, say, a price-fixing
case of the most blatant sort.)
Hopefully someone is going to point us to an online source, e.g.,
the 'official' biographies of our 1,000 U.S. judges (as written by the
judges themselves). It's a safe bet, though, that an expensive commercial
one like the *Almanac* won't be accessible on the Net for free.
Needless to say, no competent antitrust DEFENSE lawyer would think
of going to trial before a judge--or take an appeal to one--whose background
he hadn't carefully researched, including his political/ideological
orientation and how he's ruled in ALL of his previous antitrust cases.
(For an analysis of all of the antitrust decisions of Clinton's 2 Supreme
Court appointees, Breyer and Ginsburg, see my journal, Antitrust Law &
Economics Review, Vol. 24, Nos. 3 and 4.) Plaintiffs, being generally less
sophisticated, routinely go before one or more of our (majority) antitrust
'hanging judges' without a clue as to the trap-door that awaits them
My best,
Charles
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