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Careerist Judges

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Author Info
Levy, Gilat
Abstract

In this Paper I analyse how careerist judges formulate their decisions using information they uncover during deliberations, as well as relevant information from previous decisions. I assume that judges have reputation concerns and try to signal to an evaluator that they can interpret the law correctly. If an appeal is brought, the appellate court’s decision reveals whether the judge interpreted properly the law and allows the evaluator to assess the judge’s ability. The monitoring possibilities for the evaluator are therefore endogenous, because the probability of an appeal depends on the judge’s decision. I find that judges with career concerns tend to inefficiently contradict previous decisions. I also show that such judges behave more efficiently when elected by the public than when appointed by fellow superior judges.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 3948.

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Date of creation: Jun 2003
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Handle: RePEc:cpr:ceprdp:3948

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Related research
Keywords: career concerns; judicial decision-making;

Find related papers by JEL classification:
D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Models of Political Processes: Rent-seeking, Elections, Legislatures, and Voting Behavior
D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:

  1. Daughety, Andrew F & Reinganum, Jennifer F, 1999. "Stampede to Judgment: Persuasive Influence and Herding Behavior by Courts," American Law and Economics Review, Oxford University Press, vol. 1(1-2), pages 158-89, Fall.
  2. Andrew F. Daughety & Jennifer F. Reinganum, 2000. "Appealing Judgments," RAND Journal of Economics, The RAND Corporation, vol. 31(3), pages 502-526, Autumn.
  3. William M. Landes & Richard A. Posner, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," NBER Working Papers 0146, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  4. Trueman, Brett, 1994. "Analyst Forecasts and Herding Behavior," Review of Financial Studies, Oxford University Press for Society for Financial Studies, vol. 7(1), pages 97-124. [Downloadable!] (restricted)
  5. Miceli, Thomas J. & Cosgel, Metin M., 1994. "Reputation and judicial decision-making," Journal of Economic Behavior & Organization, Elsevier, vol. 23(1), pages 31-51, January. [Downloadable!] (restricted)
  6. Stephen Morris, 2001. "Political Correctness," Journal of Political Economy, University of Chicago Press, vol. 109(2), pages 231-265, April. [Downloadable!] (restricted)
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  7. Rasmusen, Eric, 1994. "Judicial Legitimacy as a Repeated Game," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(1), pages 63-83, April.
    Other versions:
  8. Avery, Christopher N. & Chevalier, Judith A., 1999. "Herding over the career," Economics Letters, Elsevier, vol. 63(3), pages 327-333, June. [Downloadable!] (restricted)
  9. Salzberger, Eli & Fenn, Paul, 1999. "Judicial Independence: Some Evidence from the English Court of Appeal," Journal of Law & Economics, University of Chicago Press, vol. 42(2), pages 831-47, October.
  10. Landes, William M & Posner, Richard A, 2000. "Citations, Age, Fame, and the Web," Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 319-44, January.
  11. Whitman, Douglas Glen, 2000. "Evolution of the Common Law and the Emergence of Compromise," Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 753-81, June.
  12. Scharfstein, David S & Stein, Jeremy C, 1990. "Herd Behavior and Investment," American Economic Review, American Economic Association, vol. 80(3), pages 465-79, June.
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  13. Shavell, Steven, 1995. "The Appeals Process as a Means of Error Correction," Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 379-426, June.
  14. Crawford, Vincent P & Sobel, Joel, 1982. "Strategic Information Transmission," Econometrica, Econometric Society, vol. 50(6), pages 1431-51, November. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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