IDEAS home Printed from https://ideas.repec.org/a/rje/randje/v36y20052p275-297.html
   My bibliography  Save this article

Careerist Judges

Author

Listed:
  • Gilat Levy

    () (London School of Economics)

Abstract

I analyze 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 the law properly 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 be "creative," i.e., to inefficiently contradict previous decisions.

Suggested Citation

  • Gilat Levy, 2005. "Careerist Judges," RAND Journal of Economics, The RAND Corporation, vol. 36(2), pages 275-297, Summer.
  • Handle: RePEc:rje:randje:v:36:y:2005:2:p:275-297
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Kornhauser, Lewis A., 1992. "Modeling collegial courts I: Path-dependence," International Review of Law and Economics, Elsevier, vol. 12(2), pages 169-185, June.
    2. Shavell, Steven, 1995. "The Appeals Process as a Means of Error Correction," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 379-426, June.
    3. Stephen Morris, 2001. "Political Correctness," Journal of Political Economy, University of Chicago Press, vol. 109(2), pages 231-265, April.
    4. 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.
    5. 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 158-189, Fall.
    6. Scharfstein, David S & Stein, Jeremy C, 1990. "Herd Behavior and Investment," American Economic Review, American Economic Association, vol. 80(3), pages 465-479, June.
    7. Shapiro, Fred R, 2000. "The Most-Cited Legal Scholars," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 409-426, January.
    8. 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.
    9. 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.
    10. Trueman, Brett, 1994. "Analyst Forecasts and Herding Behavior," Review of Financial Studies, Society for Financial Studies, vol. 7(1), pages 97-124.
    11. Salzberger, Eli & Fenn, Paul, 1999. "Judicial Independence: Some Evidence from the English Court of Appeal," Journal of Law and Economics, University of Chicago Press, vol. 42(2), pages 831-847, October.
    12. Landes, William M & Posner, Richard A, 2000. "Citations, Age, Fame, and the Web," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 319-344, January.
    13. 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.
    14. Ayres, Ian & Vars, Fredrick E, 2000. "Determinants of Citations to Articles in Elite Law Reviews," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 427-450, January.
    15. Avery, Christopher N. & Chevalier, Judith A., 1999. "Herding over the career," Economics Letters, Elsevier, vol. 63(3), pages 327-333, June.
    16. Whitman, Douglas Glen, 2000. "Evolution of the Common Law and the Emergence of Compromise," The Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 753-781, June.
    17. Zwiebel, Jeffrey, 1995. "Corporate Conservatism and Relative Compensation," Journal of Political Economy, University of Chicago Press, vol. 103(1), pages 1-25, February.
    18. 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.
    19. Crawford, Vincent P & Sobel, Joel, 1982. "Strategic Information Transmission," Econometrica, Econometric Society, vol. 50(6), pages 1431-1451, November.
    20. Andrew F. Daughety & Jennifer F. Reinganum, 2000. "Appealing Judgments," RAND Journal of Economics, The RAND Corporation, vol. 31(3), pages 502-526, Autumn.
    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. Turkay, Evsen, 2011. "Evidence disclosure and severity of punishments," MPRA Paper 31504, University Library of Munich, Germany.
    2. Levy, Gilat, 2004. "Anti-herding and strategic consultation," European Economic Review, Elsevier, vol. 48(3), pages 503-525, June.
    3. Anderlini Luca & Felli Leonardo & Postlewaite Andrew, 2011. "Should Courts Always Enforce What Contracting Parties Write?," Review of Law & Economics, De Gruyter, vol. 7(1), pages 14-28, February.
    4. Hefeker, Carsten & Neugart, Michael, 2010. "Labor market regulation and the legal system," International Review of Law and Economics, Elsevier, vol. 30(3), pages 218-225, September.
    5. 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.
    6. Besancenot, Damien & Vranceanu, Radu, 2009. "Multiple equilibria in a firing game with impartial justice," Labour Economics, Elsevier, vol. 16(3), pages 262-271, June.
    7. Leonardo Felli & Alessandro Riboni & Luca Anderlini, 2007. "Statute Law or Case Law?," 2007 Meeting Papers 952, Society for Economic Dynamics.
    8. 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.
    9. Clare Leaver & Jordi Blances i Vidal, 2007. "Behaviour in Networks of Collaborators: Theory and Evidence from the English Judiciary," Economics Series Working Papers 354, University of Oxford, Department of Economics.
    10. Luca Anderlini & Leonardo Felli & Alessandro Riboni, 2014. "Why Stare Decisis?," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 17(4), pages 726-738, October.
    11. Miguel Santolino & Magnus Söderberg, 2011. "The influence of decision-maker effort and case complexity on appealed rulings subject to multi-categorical selection," IREA Working Papers 201115, University of Barcelona, Research Institute of Applied Economics, revised Sep 2011.
    12. Berger, Helge & Neugart, Michael, 2011. "Labor courts, nomination bias, and unemployment in Germany," European Journal of Political Economy, Elsevier, vol. 27(4), pages 659-673.
    13. Giuseppe Vita, 2012. "Normative complexity and the length of administrative disputes: evidence from Italian regions," European Journal of Law and Economics, Springer, vol. 34(1), pages 197-213, August.
    14. Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc.
    15. Damien Besancenot & Radu Vranceanu, 2008. "Multiple equilibria in a firing game with impartial justice," Working Papers halshs-00203176, HAL.
    16. Braz Camargo, 2011. "Career Concerns: A Human Capital Perspective," 2011 Meeting Papers 1274, Society for Economic Dynamics.
    17. Nathan Foley-Fisher, 2012. "The timing of sovereign defaults over electoral terms," International Finance Discussion Papers 1047, Board of Governors of the Federal Reserve System (U.S.).
    18. Bertrand Chopard & Edwige Marion & Ludivine Roussey, 2014. "Does the Appeals Process Lower the Occurrence of Legal Errors?," EconomiX Working Papers 2014-43, University of Paris Nanterre, EconomiX.
    19. Virginia Rosales-López, 2008. "Economics of court performance: an empirical analysis," European Journal of Law and Economics, Springer, vol. 25(3), pages 231-251, June.
    20. Hadfield, Gillian K., 2008. "The levers of legal design: Institutional determinants of the quality of law," Journal of Comparative Economics, Elsevier, vol. 36(1), pages 43-73, March.

    More about this item

    Keywords

    Economic Models of Political Processes: Rent-seeking; Elections; Legislatures; and Voting Behavior Asymmetric and Private Information s career concerns; judicial decision-making;

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

    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:rje:randje:v:36:y:2005:2:p:275-297. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (). General contact details of provider: https://www.rje.org .

    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 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.