“Strategic Instrument Theory and the Use of Non-Authoritative Sources by Federal Judges: Explaining References to Law Review Articles.” 2010.  Justice System Journal 31: 291-315. 

When do judges include references to non-authoritative sources such as law review articles in their opinions?  Do strategic motivations account for the use of these sources?  This study evaluates strategic explanations for citations to non-authoritative sources by examining the citation of law review articles by judges on the U.S. Courts of Appeals.   It is hypothesized that judges are more likely to cite law review articles when they anticipate opposition to their policy choices from other actors who have power to limit or overturn their decisions, such as Supreme Court justices and other judges on the panel.  The study also controls for other potential explanations for citations to law review articles, such as opinion writer ideology, judicial quality, and workload.  The findings provide empirical support for the strategic model of judicial behavior, demonstrating that judges tend to cite more broadly in the face of conflict