Jordan Singer - Academia.edu (original) (raw)

Papers by Jordan Singer

Supplemental material, Table_S2 for LimoRhyde: A Flexible Approach for Differential Analysis of R... more Supplemental material, Table_S2 for LimoRhyde: A Flexible Approach for Differential Analysis of Rhythmic Transcriptome Data by Jordan M. Singer and Jacob J. Hughey in Journal of Biological Rhythms

William and Mary law review, 2018

Procedural rulemaking is often thought of as a second-order task for the federal court system, re... more Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation, by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty, and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.

Bulletin of the American Physical Society, 2015

Attorney surveys are the most common feature of judicial performance evaluation (JPE) programs ar... more Attorney surveys are the most common feature of judicial performance evaluation (JPE) programs around the country. In more than 30 states, attorneys are asked to complete anonymous reviews of the judges before whom they appear, focusing on each judge’s impartiality, communication skills, demeanor, and knowledge of relevant rules and substantive law. Recently, however, these surveys have come under fire. Critics assert that survey results are highly subjective, reflecting attorney prejudices and cognitive biases rather than a judge’s actual adjudicative skills. Critics further assert that such surveys adversely impact female and minority judges in a disproportionate manner.There is no denying that attorney surveys are subjective. Yet subjectivity is precisely what makes the surveys so valuable to JPE programs and to the judges themselves. Drawing on the cognitive literature, this short article (written for a symposium on the future of JPE programs) explains why the subjective impress...

Last year, we unveiled a new way of thinking about the productivity of the federal district court... more Last year, we unveiled a new way of thinking about the productivity of the federal district courts. Whereas most studies have equated court productivity with administrative efficiency, we argued that productivity must also account for the effectiveness of court services, as measured by the procedural fairness afforded to the parties and the accuracy of decisional outcomes. We further explained that a district court’s commitment to procedural fairness could be measured in a rough but meaningful way by tracking its “bench presence”; that is, the amount of time that its judges spend in the courtroom, adjudicating issues in an open forum. Subsequently, we examined real-world bench presence data from Fiscal Years 2008 through 2012. The data showed a steady year-over-year decline in total courtroom hours during that period, culminating in a national drop in courtroom time of more than eight percent during the five-year span of the study. In this Article, we provide new data on bench prese...

Gossip about judges is an essential source of information to civil litigators. Hearing third-part... more Gossip about judges is an essential source of information to civil litigators. Hearing third-party assessments of a judge’s personality, demeanor, intelligence, curiosity, and openness to new interpretations of the law can substantially affect a lawyer’s strategic decisions during the course of litigation, and sometimes whether litigation occurs at all. Yet gossip about judges rarely merits mention, and has evaded serious study.This Article brings attorney gossip about judges out into the open, identifying its strategic benefits and drawbacks, and explaining how attorneys use gossip (and other secondhand information on judges) to anticipate the likely outcome of judicial decisions. It further explains how common attorney practices in modern civil litigation unintentionally compromise the accuracy and reliability of gossip about judges, and offers some thoughts on restoring the full value of this little-discussed resource.

Journal of Biological Rhythms, 2018

In 2011, the federal district courts began a pilot program to record and post full-length videos ... more In 2011, the federal district courts began a pilot program to record and post full-length videos from selected civil proceedings. The program was deliberately structured to preserve the quality and integrity of ongoing adjudication. Three-and-a-half years in, the program has revealed an equally important, and unanticipated, benefit: improving the quality and integrity of future adjudication. This essay describes this second benefit and explains why the pilot program should be extended beyond its scheduled sunset in July 2015.

Surgical innovation, 2017

With recent advancements in endoscopy, self-expandable metal stents (SEMS) have been used to trea... more With recent advancements in endoscopy, self-expandable metal stents (SEMS) have been used to treat gastrointestinal leaks, perforations, and strictures. Stent migration frequently complicates management and often requires additional treatments to reach resolution. Our study aimed to determine predictive factors for stent migration. Consecutive procedures involving SEMS placed with and without fixation after upper gastrointestinal surgery between 2009 and 2014 were retrospectively reviewed. Demographic, surgical history, rate of stent migration, and stent characteristic data were collected. Rates of stent migration were compared. We reviewed 214 consecutive procedures involving stents placed in the foregut. Median duration of stent placement was 4.0 ± 10.3 weeks. Forty-three (20%) stents migrated after placement. Of those, 27 (63%) required stent replacement. Eleven (5%) procedures utilized stent fixation and 203 (95%) did not. Fixation techniques included endoscopic clips (9%), endo...

Surgical endoscopy, Jan 17, 2016

Anastomotic or staple-line leak after foregut surgery presents a formidable management challenge.... more Anastomotic or staple-line leak after foregut surgery presents a formidable management challenge. In recent years, with advancement of endoscopy, self-expanding covered stents have been gaining popularity. In this study, we aimed to determine the safety and effectiveness of self-expanding covered stents in management of leak after foregut surgery. Consecutive patients who received a fully covered self-expandable metal stent (SEMS) due to an anastomotic leak after upper gastrointestinal surgery between 2009 and 2014 were retrospectively reviewed. Demographic data, stent placement and removal, clinical success, time to resolution, and complications were collected. Predictive factors for clinical success rate were assessed. A total of 20 consecutive patients underwent placement of fully covered SEMS for anastomotic leak, following esophagectomy (n = 5), esophageal diverticulectomy (n = 1), gastric sleeve (n = 4), gastric bypass (n = 3), partial gastrectomy (n = 4), and total gastrectom...

SSRN Electronic Journal, 2009

This is an investigation into civil case processing in the United States District Courts. It broa... more This is an investigation into civil case processing in the United States District Courts. It broadly addresses two main issues: (1) the variation in the techniques, steps, and procedures that different judges and attorneys use to manage their civil cases, despite the existence of an (at least facially) uniform set of civil rules; and (2) the relationship between those techniques, steps, and procedures, and the amount of time it takes for cases to proceed from filing to disposition. Our objective is to explain how judges, attorneys and parties contribute to the overall length of a case through the procedures they adopt, tactics they use, and schedules to which they adhere. Based on review of the dockets of nearly 7700 closed civil cases in eight federal district courts, the study examines statistical correlations between the overall time to disposition of a case and the presence and timing of typical events in the course of litigation (such as a Rule 16 conference, discovery disputes, and motion practice). It also sets out descriptive statistics concerning the use of scheduling conferences, discovery and dispositive motions, and extensions of time. The study concludes with a discussion of non-quantitative factors that may affect case processing, including local legal culture, public reporting of caseflow management data, and judicial leadership.

Abstract: Scholarship on judicial elections has all but neglected the primary actors in the drama... more Abstract: Scholarship on judicial elections has all but neglected the primary actors in the drama: the voters themselves. All too frequently, the electorate's role in choosing its judges is relegated to secondary status, and the specific question of how citizens decide to cast ...

Two new studies may help federal judges better achieve Federal Rule of Civil Procedure 1’s object... more Two new studies may help federal judges better achieve Federal Rule of Civil Procedure 1’s objectives of a “just, speedy, and inexpensive” resolution of civil cases. The first study stems from an examination of the dockets of nearly 8000 closed federal civil cases, with the goal of identifying the areas of pretrial activity that are most closely associated with faster or slower times to disposition. The second study is a survey of nearly 1500 Fellows of the American College of Trial Lawyers, seeking their perceptions of and experience with the pretrial process. Collectively, these studies provide valuable insight into strategies that district and magistrate judges can employ in order to steer civil cases to a fair and efficient resolution. In this article, we summarize the key findings of both studies and offer a few salient recommendations based on those findings.

Supplemental material, Table_S2 for LimoRhyde: A Flexible Approach for Differential Analysis of R... more Supplemental material, Table_S2 for LimoRhyde: A Flexible Approach for Differential Analysis of Rhythmic Transcriptome Data by Jordan M. Singer and Jacob J. Hughey in Journal of Biological Rhythms

William and Mary law review, 2018

Procedural rulemaking is often thought of as a second-order task for the federal court system, re... more Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation, by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty, and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.

Bulletin of the American Physical Society, 2015

Attorney surveys are the most common feature of judicial performance evaluation (JPE) programs ar... more Attorney surveys are the most common feature of judicial performance evaluation (JPE) programs around the country. In more than 30 states, attorneys are asked to complete anonymous reviews of the judges before whom they appear, focusing on each judge’s impartiality, communication skills, demeanor, and knowledge of relevant rules and substantive law. Recently, however, these surveys have come under fire. Critics assert that survey results are highly subjective, reflecting attorney prejudices and cognitive biases rather than a judge’s actual adjudicative skills. Critics further assert that such surveys adversely impact female and minority judges in a disproportionate manner.There is no denying that attorney surveys are subjective. Yet subjectivity is precisely what makes the surveys so valuable to JPE programs and to the judges themselves. Drawing on the cognitive literature, this short article (written for a symposium on the future of JPE programs) explains why the subjective impress...

Last year, we unveiled a new way of thinking about the productivity of the federal district court... more Last year, we unveiled a new way of thinking about the productivity of the federal district courts. Whereas most studies have equated court productivity with administrative efficiency, we argued that productivity must also account for the effectiveness of court services, as measured by the procedural fairness afforded to the parties and the accuracy of decisional outcomes. We further explained that a district court’s commitment to procedural fairness could be measured in a rough but meaningful way by tracking its “bench presence”; that is, the amount of time that its judges spend in the courtroom, adjudicating issues in an open forum. Subsequently, we examined real-world bench presence data from Fiscal Years 2008 through 2012. The data showed a steady year-over-year decline in total courtroom hours during that period, culminating in a national drop in courtroom time of more than eight percent during the five-year span of the study. In this Article, we provide new data on bench prese...

Gossip about judges is an essential source of information to civil litigators. Hearing third-part... more Gossip about judges is an essential source of information to civil litigators. Hearing third-party assessments of a judge’s personality, demeanor, intelligence, curiosity, and openness to new interpretations of the law can substantially affect a lawyer’s strategic decisions during the course of litigation, and sometimes whether litigation occurs at all. Yet gossip about judges rarely merits mention, and has evaded serious study.This Article brings attorney gossip about judges out into the open, identifying its strategic benefits and drawbacks, and explaining how attorneys use gossip (and other secondhand information on judges) to anticipate the likely outcome of judicial decisions. It further explains how common attorney practices in modern civil litigation unintentionally compromise the accuracy and reliability of gossip about judges, and offers some thoughts on restoring the full value of this little-discussed resource.

Journal of Biological Rhythms, 2018

In 2011, the federal district courts began a pilot program to record and post full-length videos ... more In 2011, the federal district courts began a pilot program to record and post full-length videos from selected civil proceedings. The program was deliberately structured to preserve the quality and integrity of ongoing adjudication. Three-and-a-half years in, the program has revealed an equally important, and unanticipated, benefit: improving the quality and integrity of future adjudication. This essay describes this second benefit and explains why the pilot program should be extended beyond its scheduled sunset in July 2015.

Surgical innovation, 2017

With recent advancements in endoscopy, self-expandable metal stents (SEMS) have been used to trea... more With recent advancements in endoscopy, self-expandable metal stents (SEMS) have been used to treat gastrointestinal leaks, perforations, and strictures. Stent migration frequently complicates management and often requires additional treatments to reach resolution. Our study aimed to determine predictive factors for stent migration. Consecutive procedures involving SEMS placed with and without fixation after upper gastrointestinal surgery between 2009 and 2014 were retrospectively reviewed. Demographic, surgical history, rate of stent migration, and stent characteristic data were collected. Rates of stent migration were compared. We reviewed 214 consecutive procedures involving stents placed in the foregut. Median duration of stent placement was 4.0 ± 10.3 weeks. Forty-three (20%) stents migrated after placement. Of those, 27 (63%) required stent replacement. Eleven (5%) procedures utilized stent fixation and 203 (95%) did not. Fixation techniques included endoscopic clips (9%), endo...

Surgical endoscopy, Jan 17, 2016

Anastomotic or staple-line leak after foregut surgery presents a formidable management challenge.... more Anastomotic or staple-line leak after foregut surgery presents a formidable management challenge. In recent years, with advancement of endoscopy, self-expanding covered stents have been gaining popularity. In this study, we aimed to determine the safety and effectiveness of self-expanding covered stents in management of leak after foregut surgery. Consecutive patients who received a fully covered self-expandable metal stent (SEMS) due to an anastomotic leak after upper gastrointestinal surgery between 2009 and 2014 were retrospectively reviewed. Demographic data, stent placement and removal, clinical success, time to resolution, and complications were collected. Predictive factors for clinical success rate were assessed. A total of 20 consecutive patients underwent placement of fully covered SEMS for anastomotic leak, following esophagectomy (n = 5), esophageal diverticulectomy (n = 1), gastric sleeve (n = 4), gastric bypass (n = 3), partial gastrectomy (n = 4), and total gastrectom...

SSRN Electronic Journal, 2009

This is an investigation into civil case processing in the United States District Courts. It broa... more This is an investigation into civil case processing in the United States District Courts. It broadly addresses two main issues: (1) the variation in the techniques, steps, and procedures that different judges and attorneys use to manage their civil cases, despite the existence of an (at least facially) uniform set of civil rules; and (2) the relationship between those techniques, steps, and procedures, and the amount of time it takes for cases to proceed from filing to disposition. Our objective is to explain how judges, attorneys and parties contribute to the overall length of a case through the procedures they adopt, tactics they use, and schedules to which they adhere. Based on review of the dockets of nearly 7700 closed civil cases in eight federal district courts, the study examines statistical correlations between the overall time to disposition of a case and the presence and timing of typical events in the course of litigation (such as a Rule 16 conference, discovery disputes, and motion practice). It also sets out descriptive statistics concerning the use of scheduling conferences, discovery and dispositive motions, and extensions of time. The study concludes with a discussion of non-quantitative factors that may affect case processing, including local legal culture, public reporting of caseflow management data, and judicial leadership.

Abstract: Scholarship on judicial elections has all but neglected the primary actors in the drama... more Abstract: Scholarship on judicial elections has all but neglected the primary actors in the drama: the voters themselves. All too frequently, the electorate's role in choosing its judges is relegated to secondary status, and the specific question of how citizens decide to cast ...

Two new studies may help federal judges better achieve Federal Rule of Civil Procedure 1’s object... more Two new studies may help federal judges better achieve Federal Rule of Civil Procedure 1’s objectives of a “just, speedy, and inexpensive” resolution of civil cases. The first study stems from an examination of the dockets of nearly 8000 closed federal civil cases, with the goal of identifying the areas of pretrial activity that are most closely associated with faster or slower times to disposition. The second study is a survey of nearly 1500 Fellows of the American College of Trial Lawyers, seeking their perceptions of and experience with the pretrial process. Collectively, these studies provide valuable insight into strategies that district and magistrate judges can employ in order to steer civil cases to a fair and efficient resolution. In this article, we summarize the key findings of both studies and offer a few salient recommendations based on those findings.