The following infographic depicts one of the many conflicts of law resolved by the Supreme Court during its 2010 term. This is the first in a series of "conflict resolution" infographics designed to help readers visualize conflicts of law between the circuit courts as they existed before the Supreme Court resolved the issue.
Why focus on circuit splits that have already been resolved? Good question. There are a number of insights that might be gleaned from examining the circuit splits recently resolved by the Supreme Court. For example,
- Which circuit does each Justice typically agree with?
- Which circuit does each Justice typically disagree with? (E.g., Justice Thomas disagrees with the 9th Circuit's position on an issue 98% of the time.)
- How many times did each circuit serve as the "circuit of first impression" on a particular issue that ultimately produced a circuit split?
- Which circuits typically agree with each other on issues that produce circuit splits? (E.g., the 5th Circuit sided with the 11th Circuit 78% of the time when deciding an issue on which two or more circuits disagreed.)
- Which circuits typically disagree with each other on issues that produce circuit splits? (E.g., the 2nd Circuit disagreed with the 9th Circuit 64% of the time when deciding an issue on which two or more circuits disagreed.)
- Which circuit is most willing to create a split? (E.g., The 9th Circuit was the first circuit to disagree with its sister circuit(s) on a particular issue in 55% of the circuit splits ultimately resolved by the Supreme Court during the OT2010 term.)
- Which circuit is least willing to create a split? (E.g., The 6th Circuit avoided creating a circuit split in 82% of the conflicts of law ultimately resolved by the Supreme Court during the OT2010 term.)
- How often does each circuit join the majority in a circuit split? (E.g., The 2nd Circuit is part of the majority of circuits on a divisive issue in 45% of the circuit splits resolved by the Supreme Court during the OT2010 term.)
- How often does each circuit join the minority in a circuit split?
You might also be wondering, "Why present this information in infographic form"? Simple, it's more fun! *Note: the statistics provided in the examples above are hypothetical. I will post the actual statistics in a future post.

Really like the blog, appreciate the share!
Posted by: Ruby | April 22, 2012 at 06:20 PM