IDEAS home Printed from https://ideas.repec.org/a/oup/amlawe/v15y2013i1p212-251.html
   My bibliography  Save this article

Implementation of Anti-Discrimination Policy: Does Judicial Selection Matter?

Author

Listed:
  • Timothy Besley

Abstract

Legislation to limit workplace discrimination is among the most common reforms in labor market policy of the past 50 years. Its effectiveness depends on enforcement of the legislation by state and federal agencies and, ultimately, the courts. This paper uses information on discrimination charges in the United States between 1973 and 2000 to analyze whether the number of charges filed is correlated with the method by which state judges are selected. We find evidence that states that appoint their judges have significantly fewer anti-discrimination charges being filed. Copyright 2013, Oxford University Press.

Suggested Citation

  • Timothy Besley, 2013. "Implementation of Anti-Discrimination Policy: Does Judicial Selection Matter?," American Law and Economics Review, American Law and Economics Association, vol. 15(1), pages 212-251.
    • Handle: RePEc:oup:amlawe:v:15:y:2013:i:1:p:212-251
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/aler/aht003
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Christopher F Baum & Mark E. Schaffer & Steven Stillman, 2003. "Instrumental variables and GMM: Estimation and testing," Stata Journal, StataCorp LP, vol. 3(1), pages 1-31, March.
    2. Timothy Besley & Anne Case, 2003. "Political Institutions and Policy Choices: Evidence from the United States," Journal of Economic Literature, American Economic Association, vol. 41(1), pages 7-73, March.
    3. Rafael La Porta & Florencio Lopez-de-Silanes & Cristian Pop-Eleches & Andrei Shleifer, 2004. "Judicial Checks and Balances," Journal of Political Economy, University of Chicago Press, vol. 112(2), pages 445-470, April.
    4. Edward L. Glaeser & Andrei Shleifer, 2002. "Legal Origins," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(4), pages 1193-1229.
    5. Hayes, Beth, 1984. "Unions and Strikes with Asymmetric Information," Journal of Labor Economics, University of Chicago Press, vol. 2(1), pages 57-83, January.
    6. F. Andrew Hanssen, 2004. "Is There a Politically Optimal Level of Judicial Independence?," American Economic Review, American Economic Association, vol. 94(3), pages 712-729, June.
    7. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    8. Angrist, J D & Imbens, G W & Krueger, A B, 1999. "Jackknife Instrumental Variables Estimation," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 14(1), pages 57-67, Jan.-Feb..
    9. Bohn, Henning & Inman, Robert P., 1996. "Balanced-budget rules and public deficits: evidence from the U.S. states," Carnegie-Rochester Conference Series on Public Policy, Elsevier, vol. 45(1), pages 13-76, December.
    10. Besley, Timothy & Coate, Stephen, 2008. "Issue Unbundling via Citizens' Initiatives," Quarterly Journal of Political Science, now publishers, vol. 3(4), pages 379-397, December.
    11. Hanssen, F Andrew, 2002. "On the Politics of Judicial Selection: Lawyers and State Campaigns for the Merit Plan," Public Choice, Springer, vol. 110(1-2), pages 79-97, January.
    12. Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, September.
    13. William J. Collins, 2001. "The Labor Market Impact of State-Level Anti-Discrimination Laws, 1940-1960," NBER Working Papers 8310, National Bureau of Economic Research, Inc.
    14. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    15. David Neumark & Wendy A. Stock, 2001. "The Effects of Race and Sex Discrimination Laws," NBER Working Papers 8215, National Bureau of Economic Research, Inc.
    16. Hanssen, F Andrew, 1999. "The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus Appointment of State Judges," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 205-232, January.
    17. Hall, Melinda Gann, 2001. "State Supreme Courts in American Democracy: Probing the Myths of Judicial Reform," American Political Science Review, Cambridge University Press, vol. 95(2), pages 315-330, June.
    18. Hanssen, F Andrew, 2000. "Independent Courts and Administrative Agencies: An Empirical Analysis of the States," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 534-571, October.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Ash, Elliott & MacLeod, W. Bentley, 2021. "Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts," Journal of Public Economics, Elsevier, vol. 201(C).
    2. Iaryczower, Matias & Lewis, Garrett & Shum, Matthew, 2013. "To elect or to appoint? Bias, information, and responsiveness of bureaucrats and politicians," Journal of Public Economics, Elsevier, vol. 97(C), pages 230-244.
    3. Ruben Enikolopov, 2010. "Politicians, Bureaucrats and Targeted Redistribution: The Role of Career Concerns," Working Papers w0148, Center for Economic and Financial Research (CEFIR).
    4. Mark Partridge & Tim Sass, 2011. "The productivity of elected and appointed officials: the case of school superintendents," Public Choice, Springer, vol. 149(1), pages 133-149, October.
    5. Guerriero, Carmine, 2011. "Accountability in government and regulatory policies: Theory and evidence," Journal of Comparative Economics, Elsevier, vol. 39(4), pages 453-469.
    6. Ruben Enikolopov, 2011. "Are Bureaucrats Really Paid Like Bureaucrats?," Working Papers w0165, Center for Economic and Financial Research (CEFIR).
    7. Enikolopov, Ruben, 2014. "Politicians, bureaucrats and targeted redistribution," Journal of Public Economics, Elsevier, vol. 120(C), pages 74-83.
    8. Werner Troesken & Randall Walsh, 2019. "Collective Action, White Flight, and the Origins of Racial Zoning Laws," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 35(2), pages 289-318.
    9. Drazen, Allan & Ozbay, Erkut Y., 2019. "Does “being chosen to lead” induce non-selfish behavior? Experimental evidence on reciprocity," Journal of Public Economics, Elsevier, vol. 174(C), pages 13-21.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. 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.
    2. George Tridimas, 2010. "Constitutional judicial review and political insurance," European Journal of Law and Economics, Springer, vol. 29(1), pages 81-101, February.
    3. James E. Alt & David D. Lassen, 2008. "Political And Judicial Checks On Corruption: Evidence From American State Governments," Economics and Politics, Wiley Blackwell, vol. 20(1), pages 33-61, March.
    4. 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.
    5. Daniel Berkowitz & Karen Clay, 2006. "The Effect of Judicial Independence on Courts: Evidence from the American States," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 399-440, June.
    6. Daniel Berkowitz & Karen Clay, 2007. "Legal Origins and the Evolution of Institutions: Evidence from American State Courts," Working Paper 320, Department of Economics, University of Pittsburgh, revised Jun 2007.
    7. Guerriero, Carmine, 2006. "Dependent Controllers and Regulation Policies: Theory and Evidence," Privatisation Regulation Corporate Governance Working Papers 12204, Fondazione Eni Enrico Mattei (FEEM).
    8. Timothy Besley & Anne Case, 2003. "Political Institutions and Policy Choices: Evidence from the United States," Journal of Economic Literature, American Economic Association, vol. 41(1), pages 7-73, March.
    9. Sean Gailmard & Jeffery A. Jenkins, 2009. "Agency Problems, the 17th Amendment, and Representation in the Senate," American Journal of Political Science, John Wiley & Sons, vol. 53(2), pages 324-342, April.
    10. Iaryczower, Matias & Lewis, Garrett & Shum, Matthew, 2013. "To elect or to appoint? Bias, information, and responsiveness of bureaucrats and politicians," Journal of Public Economics, Elsevier, vol. 97(C), pages 230-244.
    11. Ash, Elliott & MacLeod, W. Bentley, 2021. "Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts," Journal of Public Economics, Elsevier, vol. 201(C).
    12. Claire Lim, 2009. "Turnover and Accountability of Appointed and Elected Judges," 2009 Meeting Papers 190, Society for Economic Dynamics.
    13. Constantina P. Tridimas & George Tridimas, 2020. "Is the UK Supreme Court rogue to un-prorogue Parliament?," European Journal of Law and Economics, Springer, vol. 49(2), pages 205-225, April.
    14. 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.
    15. Giuseppe Dari-Mattiacci & Bruno Deffains, 2007. "Uncertainty of Law and the Legal Process," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(4), pages 627-656, December.
    16. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo.
    17. Fiorino, Nadia & Ricciuti, Roberto, 2006. "Risk Determinants of direct democracy across Europe," POLIS Working Papers 66, Institute of Public Policy and Public Choice - POLIS.
    18. SIDDHARTHA BANDYOPADHYAY & BRYAN C. McCANNON, 2015. "Prosecutorial Retention: Signaling by Trial," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 17(2), pages 219-256, April.
    19. Cohen, Alon, 2014. "Independent judicial review: A blessing in disguise," International Review of Law and Economics, Elsevier, vol. 37(C), pages 209-220.
    20. Christian Almer & Timo Goeschl, 2011. "The political economy of the environmental criminal justice system: a production function approach," Public Choice, Springer, vol. 148(3), pages 611-630, September.

    More about this item

    JEL classification:

    • R14 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General Regional Economics - - - Land Use Patterns
    • J01 - Labor and Demographic Economics - - General - - - Labor Economics: General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:amlawe:v:15:y:2013:i:1:p:212-251. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/aler .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.