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The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus Appointment of State Judges

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Author Info
Hanssen, F Andrew
Abstract

This article compares litigation in appointed and elected state courts. Scholars have concluded that appointed judges are more independent than elected judges. Models of the litigation process suggest that litigation rates will be higher where uncertainty over court decisions is greater. If the institutions that promote judicial independence increase uncertainty, one should therefore find more litigation where judges are appointed and, if instead they decrease uncertainty, more litigation where judges are elected. Examining three samples of state court litigation, this analysis finds, on balance, more litigation where judges are appointed, consistent with the hypothesis that judicial independence has a net positive effect on decision . Copyright 1999 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Legal Studies.

Volume (Year): 28 (1999)
Issue (Month): 1 (January)
Pages: 205-32
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Handle: RePEc:ucp:jlstud:v:28:y:1999:i:1:p:205-32

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  2. Eric Helland & Alex Tabarrok, 2002. "The Effect of Electoral Institutions on Tort Awards," Berkeley Olin Program in Law & Economics, Working Paper Series 1027, Berkeley Olin Program in Law & Economics. [Downloadable!]
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  3. Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," American Economic Review, American Economic Association, vol. 94(4), pages 1034-1054, September. [Downloadable!]
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  4. Pushkar Maitra & Russell Smyth, 2004. "Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers—An Empirical Study of the New Zealand High Court," European Journal of Law and Economics, Springer, vol. 17(2), pages 209-235, March. [Downloadable!] (restricted)
  5. Tim Besley & Abigail Payne, 2003. "Judicial accountability and economic policy outcomes: evidence from employment discrimination charges," IFS Working Papers W03/11, Institute for Fiscal Studies. [Downloadable!]
  6. Guiseppe Dari-Mattiacci & Bruno Deffains, 2006. "Uncertainty of Law and the Legal Process," Tinbergen Institute Discussion Papers 06-071/1, Tinbergen Institute. [Downloadable!]
  7. Pablo Spiller & Richard Vanden Bergh, 2003. "Toward A Positive Theory of State Supreme Court Decision Making," Business and Politics, Berkeley Electronic Press, vol. 5(1), pages 1061-1061. [Downloadable!] (restricted)
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