Despite the nearly 5,000 appeals that were filed in the Sixth Circuit last year, the Circuit’s judges also find time to actively contribute to academia and scholarly journals. In the past several years, at least five judges have published over fifteen articles, discussions, or memorials in scholarly journals, covering topics ranging from constitutional law, to pro bono work, to technology in the law.
Judge Sutton is by far the most prodigious academic writer in the circuit, having published seven articles in the past four years. Judge Sutton has written about a wide variety of topics, including state constitutional law, a critique of Richard Posner’s 2008 book How Judges Think, and standards of judicial review in first amendment cases. Judge Donald has published several articles in recent years as well, covering summary judgment in employment discrimination cases (which we also recently analyzed here), technology in the law, and African-Americans in law practice. Judge Moore’s memorials of Case Western Reserve Faculty have been published by her former university’s law review. Finally, Judge Keith,who has been a judge in the Circuit for over 35 years, also stays active in academia, having recently published an article on pro bono work.
If you are preparing for oral argument, and looking for additional background on your panel, it may be helpful to search and see what articles your judges may have authored. These articles can provide some insights on the judges’ thinking and personalities.