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What influences the influence of U.S. Courts of Appeals decisions?

Author

Listed:
  • John Szmer

    (University of North Carolina at Charlotte)

  • Robert K. Christensen

    (Brigham Young University)

  • Samuel Grubbs

    (University of North Carolina at Charlotte)

Abstract

In this exploratory study, we develop models of factors that influence the citation or influence of judicial opinions written by U.S. Courts of Appeals judges. Prior studies of citation patterns in the U.S. Courts of Appeals largely focus on the judge’s career as the unit of analysis. Not surprisingly, this research suggests judge-level factors tend to influence the degree to which judges’ opinions are cited in subsequent decisions. Utilizing a dataset with a random sample of individual cases as the unit of analysis, we compare the effects of judge, panel, and case factors. Overall, while several case-level factors influence the number of citations a case receives, few judge- and panel-level variables affect citation rates. The findings suggest that opinion citation models based on judge- and/or panel-level attributes alone miss the influence of case attributes on citation rates.

Suggested Citation

  • John Szmer & Robert K. Christensen & Samuel Grubbs, 2020. "What influences the influence of U.S. Courts of Appeals decisions?," European Journal of Law and Economics, Springer, vol. 49(1), pages 55-81, February.
    • Handle: RePEc:kap:ejlwec:v:49:y:2020:i:1:d:10.1007_s10657-018-9588-5
    DOI: 10.1007/s10657-018-9588-5
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    References listed on IDEAS

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    1. Melcarne Alessandro & Ramello Giovanni B., 2015. "Judicial Independence, Judges’ Incentives and Efficiency," Review of Law & Economics, De Gruyter, vol. 11(2), pages 149-169, July.
    2. Mita Bhattacharya & Russell Smyth, 2001. "Aging and Productivity Among Judges: Some Empirical Evidence from the High Court of Australia," Australian Economic Papers, Wiley Blackwell, vol. 40(2), pages 199-212, June.
    3. Deborah Beim & Alexander V. Hirsch & Jonathan P. Kastellec, 2016. "Signaling and Counter‐Signaling in the Judicial Hierarchy: An Empirical Analysis of En Banc Review," American Journal of Political Science, John Wiley & Sons, vol. 60(2), pages 490-508, April.
    4. Christensen, Robert K. & Szmer, John, 2012. "Examining the efficiency of the U.S. courts of appeals: Pathologies and prescriptions," International Review of Law and Economics, Elsevier, vol. 32(1), pages 30-37.
    5. Stephen J. Choi & G. Mitu Gulati, 2008. "Bias in Judicial Citations: A Window into the Behavior of Judges?," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 87-129, January.
    6. Stephen J. Choi & Mitu Gulati & Eric A. Posner, 2012. "What Do Federal District Judges Want? An Analysis of Publications, Citations, and Reversals," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 28(3), pages 518-549, August.
    7. Bhattacharya, Mita & Smyth, Russell, 2001. "The Determinants of Judicial Prestige and Influence: Some Empirical Evidence from the High Court of Australia," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 223-252, January.
    8. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Slavov, Atanas & Zajc, Katarina, 2016. "Courts in a transition economy: Case disposition and the quantity–quality tradeoff in Bulgaria," Economic Systems, Elsevier, vol. 40(1), pages 18-38.
    9. Klein, David & Morrisroe, Darby, 1999. "The Prestige and Influence of Individual Judges on the U.S. Courts of Appeals," The Journal of Legal Studies, University of Chicago Press, vol. 28(2), pages 371-391, June.
    10. Landes, William M & Posner, Richard A, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," Journal of Law and Economics, University of Chicago Press, vol. 19(2), pages 249-307, August.
    11. Landes, William M & Lessig, Lawrence & Solimine, Michael E, 1998. "Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 271-332, June.
    12. Fowler, James H. & Johnson, Timothy R. & Spriggs, James F. & Jeon, Sangick & Wahlbeck, Paul J., 2007. "Network Analysis and the Law: Measuring the Legal Importance of Precedents at the U.S. Supreme Court," Political Analysis, Cambridge University Press, vol. 15(3), pages 324-346, July.
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    Cited by:

    1. Monika Stachowiak-Kudła & Janusz Kudła, 2023. "Measuring the prestige of administrative courts," Quality & Quantity: International Journal of Methodology, Springer, vol. 57(4), pages 3637-3662, August.

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    More about this item

    Keywords

    Judicial influence; Appellate courts; Citation rate; Case precedent;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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