Collegial Virtues and Vises

Abstract This review essay of The Elevator Effect, by Morgan L. W. Hazelton, Rachael K. Hinkle, and Michael J. Nelson, considers the authors' premise that collegiality is a central determinant of judicial behavior, on par with other leading influences such as attitudes, the law, and strategy. The authors make a strong case that judges on collegial courts forge relationships when they serve in close contact with one another over long careers and that these relationships influence the choices judges make. This review essay engages the authors' theory and highlights the areas in which it seems to offer the most explanatory power: notably, the decision by judges to write separately (e.g., dissent, concur) on the U.S. Courts of Appeals. The essay also reflects on the limitations of collegiality and how the theory may be less helpful in accounting for behavior in other contexts, such as the U.S. Supreme Court. Among the topics explored are the decision to reverse, citation practices, and the use of discourteous rhetoric by federal judges.