The Impact of form on Substance: Court Reform and the Work of the Maryland Court of Appeals

Abstract

In this article, the impact of structural changes on the work of one state high court is examined. In finding that changes in form affect changes in substance, as measured by the number and type of cases heard, affirmation, reversal and dissent rates, and the “style” of written opinions, the author then assesses whether court reform “compels” or “merely facilitates” judicial creativity. The fact that structural and jurisdictional changes did not compel state court activism in Maryland suggests that other factors, such as legal norms and political culture, are involved.