THE ONE AND THE MANY - ADJUDICATION IN COLLEGIAL COURTS

This Article explores a problem that may occur in appellate cases in w hich two or more issues present themselves. In these problematic cases , the court may reach a decision as to outcome in one of two ways, eit her by summing the votes of individual judges as to the outcome of the case overall or by summing the votes of individual judges on each of the issues and then combining the results. The two methods of decision making can lead to different results. This ''doctrinal paradox'' is u nfortunate because cases are supposed to be decided on their merits ra ther than by an unconsidered choice of voting protocol. Professors Kor nhauser and Sager argue that neither of the decisional methods is alwa ys superior. Rather, appellate courts, as ''collegial enterprises, '' should directly confront the doctrinal paradox when it arises and deli berately determine the method of case decision that will control Profe ssors Kornhauser and Sager suggest that the best method for choosing b etween decisional methods is a ''metavote, '' with members of a court voting for a particular method after discussing such factors as whethe r the outcome or rationales for it are more important, whether the iss ues to be decided are independent, the seriousness of the consequences of the outcome, hierarchical management concerns, and internal manage ment considerations