“…Senior judges can opt out of death penalty cases in some Circuits, but they would do so before random assignment. Chen and Sethi (2011) Even if judges are randomly assigned, because our data comprise published opinions, several additional issues need to be considered: settlement, publication, and strategic use of keywords or citation. In Courts of Appeals, judges are revealed very late, after litigants file their briefs, sometimes only a few days before the hearing, if there is a hearing, which gives little opportunity and incentive for settlement upon learning the identity of the panel.…”