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Judicial Auditing

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  • Spitzer, Matt
  • Talley, Eric
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    Abstract

    This paper presents a simple framework for analyzing a hierarchical system of judicial auditing. We concentrate on (what we perceive to be) the two principal reasons that courts and/or legislatures tend to scrutinize the decisions of lower-echelon actors: imprecision and ideological bias. In comparing these two reasons, we illustrate how each may yield systematically distinct auditing and reversal behaviors. While auditing for imprecision tends to bring about evenhanded review/reversal, auditing for political bias tends to be contingent on the first mover's chosen action, Examples of these tendencies can be found in a number of legal applications, including administrative law, constitutional law, and interpretive theories of jurisprudence. Our analysis also suggests that political "diversity" among initial decisionmakers (in addition to its other laudable goals) may be an important and generally underappreciated means for economizing on judicial administrative costs. Copyright 2000 by the University of Chicago.

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    Bibliographic Info

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

    Volume (Year): 29 (2000)
    Issue (Month): 2 (June)
    Pages: 649-83

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    Handle: RePEc:ucp:jlstud:v:29:y:2000:i:2:p:649-83

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    Web page: http://www.journals.uchicago.edu/JLS/

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    Cited by:
    1. Luca Anderlini & Leonardo Felli & Alessandro Riboni, 2008. "Statute Law or Case Law?," STICERD - Theoretical Economics Paper Series /2008/528, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
    2. Kamphorst, Jurjen J.A. & Van Velthoven, Ben C.J., 2006. "The introduction of an appeals court in Dutch tax litigation," MPRA Paper 2008, University Library of Munich, Germany, revised 27 Apr 2006.
    3. Bharat Bhole & Bríd Gleeson Hanna, 2009. "An analytical framework for interpreting appellate court data," Economics Bulletin, AccessEcon, vol. 29(2), pages 1163-1174.
    4. A. Mitchell Polinsky & Steven Shavell, 2005. "Economic Analysis of Law," Discussion Papers 05-005, Stanford Institute for Economic Policy Research.
    5. Chifeng Dai, 2010. "Imperfect verification, appeals, and limited liability," Journal of Regulatory Economics, Springer, vol. 37(1), pages 23-41, February.
    6. Luca Anderlini & Leonardo Felli & Alessandro Riboni, 2010. "Why Stare Decisis?," Levine's Working Paper Archive 661465000000000068, David K. Levine.
    7. Magnus Söderberg, 2008. "Uncertainty and regulatory outcome in the Swedish electricity distribution sector," European Journal of Law and Economics, Springer, vol. 25(1), pages 79-94, February.
    8. Dai, Chifeng, 2009. "The appeals process in principal-agent relationships," Journal of Economic Behavior & Organization, Elsevier, vol. 71(2), pages 451-462, August.
    9. Santolino, Miguel, 2010. "Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts," International Review of Law and Economics, Elsevier, vol. 30(1), pages 37-45, March.
    10. Aspasia Tsaoussi & Eleni Zervogianni, 2010. "Judges as satisficers: a law and economics perspective on judicial liability," European Journal of Law and Economics, Springer, vol. 29(3), pages 333-357, June.

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