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Estimating Preferences of Circuit Judges: A Model of Consensus Voting

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  • Joshua B. Fischman

Abstract

This paper develops a consensus voting model for estimating preferences of federal circuit court judges. Unlike standard ideal point models, which assume that judges vote sincerely for their preferred outcomes, the consensus model accounts for the norm of consensus in the courts of appeals by including a cost of dissent in the judicial utility function. A test of the consensus voting model on a data set of asylum appeals demonstrates that it provides a substantially better fit than a comparable sincere voting model and also generates more accurate predictions of voting probabilities. The model generates credible estimates of the impact of panel composition on case outcomes, which is surprisingly large in the asylum cases. Even though 95 percent of these decisions were unanimous, roughly half of the cases could have been decided differently if assigned to different panels.

Suggested Citation

  • Joshua B. Fischman, 2011. "Estimating Preferences of Circuit Judges: A Model of Consensus Voting," Journal of Law and Economics, University of Chicago Press, vol. 54(4), pages 781-809.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/661512
    DOI: 10.1086/661512
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    1. Christina L. Boyd & Lee Epstein & Andrew D. Martin, 2010. "Untangling the Causal Effects of Sex on Judging," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 389-411, April.
    2. Michael A. Bailey, 2007. "Comparable Preference Estimates across Time and Institutions for the Court, Congress, and Presidency," American Journal of Political Science, John Wiley & Sons, vol. 51(3), pages 433-448, July.
    3. Voeten, Erik, 2007. "The Politics of International Judicial Appointments: Evidence from the European Court of Human Rights," International Organization, Cambridge University Press, vol. 61(4), pages 669-701, October.
    4. Martin, Andrew D. & Quinn, Kevin M., 2002. "Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999," Political Analysis, Cambridge University Press, vol. 10(2), pages 134-153, April.
    5. Bernheim, B. Douglas & Peleg, Bezalel & Whinston, Michael D., 1987. "Coalition-Proof Nash Equilibria I. Concepts," Journal of Economic Theory, Elsevier, vol. 42(1), pages 1-12, June.
    6. Charles F. Manski, 1993. "Identification of Endogenous Social Effects: The Reflection Problem," Review of Economic Studies, Oxford University Press, vol. 60(3), pages 531-542.
    7. John M. de Figueiredo, 2005. "Strategic Plaintiffs and Ideological Judges in Telecommunications Litigation," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 21(2), pages 501-523, October.
    8. Londregan, John, 1999. "Estimating Legislators' Preferred Points," Political Analysis, Cambridge University Press, vol. 8(1), pages 35-56, January.
    9. Butler, J S & Moffitt, Robert, 1982. "A Computationally Efficient Quadrature Procedure for the One-Factor Multinomial Probit Model," Econometrica, Econometric Society, vol. 50(3), pages 761-764, May.
    10. Spirling, Arthur & McLean, Iain, 2007. "UK OC OK? Interpreting Optimal Classification Scores for the U.K. House of Commons," Political Analysis, Cambridge University Press, vol. 15(1), pages 85-96, January.
    11. Clinton, Joshua & Jackman, Simon & Rivers, Douglas, 2004. "The Statistical Analysis of Roll Call Data," American Political Science Review, Cambridge University Press, vol. 98(2), pages 355-370, May.
    12. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-260, April.
    13. Peress, Michael, 2009. "Small Chamber Ideal Point Estimation," Political Analysis, Cambridge University Press, vol. 17(3), pages 276-290, July.
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    Cited by:

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    3. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "Politics in the Courtroom: Political Ideology and Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(3), pages 834-875.
    4. Álvaro Bustos & Tonja Jacobi, 2014. "A Theory of Judicial Retirement," Documentos de Trabajo 451, Instituto de Economia. Pontificia Universidad Católica de Chile..
    5. Bernardo Guimaraes & Bruno Meyerhof Salama, 2023. "Permitting Prohibitions," The Journal of Legal Studies, University of Chicago Press, vol. 52(1), pages 241-271.
    6. Guimarães, Bernardo de Vasconcellos & Salama, Bruno Meyerhof, 2017. "Contingent judicial deference: theory and application to usury laws," Textos para discussão 440, FGV EESP - Escola de Economia de São Paulo, Fundação Getulio Vargas (Brazil).
    7. Keith Carlson & Michael A. Livermore & Daniel N. Rockmore, 2020. "The Problem of Data Bias in the Pool of Published U.S. Appellate Court Opinions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(2), pages 224-261, June.
    8. Sofia Amaral-Garcia & Lucia Dalla Pellegrina & Nuno Garoupa, 2020. "Consensus and Ideology in Courts: an Application to the Judicial Committee of the Privy Council," Working Papers 430, University of Milano-Bicocca, Department of Economics, revised Feb 2020.
    9. Chen, Daniel L. & Levonyan, Vardges & Yeh, Susan, 2016. "Policies Affect Preferences: Evidence from Random Variation in Abortion Jurisprudence," IAST Working Papers 16-58, Institute for Advanced Study in Toulouse (IAST).
    10. Charles M. Cameron & Lewis A. Kornhauser, 2017. "Rational choice attitudinalism?," European Journal of Law and Economics, Springer, vol. 43(3), pages 535-554, June.
    11. Keren Weinshall & Udi Sommer & Ya'acov Ritov, 2018. "Ideological influences on governance and regulation: The comparative case of supreme courts," Regulation & Governance, John Wiley & Sons, vol. 12(3), pages 334-352, September.
    12. Frankenreiter Jens, 2018. "Are Advocates General Political? An Empirical Analysis of the Voting Behavior of the Advocates General at the European Court of Justice," Review of Law & Economics, De Gruyter, vol. 14(1), pages 1-43, March.
    13. Tilko Swalve, 2022. "Does Group Familiarity Improve Deliberations in Judicial Teams? Evidence from the German Federal Court of Justice," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(1), pages 223-249, March.
    14. Pellegrina, Lucia Dalla & Garoupa, Nuno & Gómez-Pomar, Fernando, 2017. "Estimating judicial ideal points in the Spanish Supreme Court: The case of administrative review," International Review of Law and Economics, Elsevier, vol. 52(C), pages 16-28.
    15. Muro, Sergio & Amaral-Garcia, Sofia & Chehtman, Alejandro & Garoupa, Nuno, 2020. "Exploring dissent in the Supreme Court of Argentina," International Review of Law and Economics, Elsevier, vol. 63(C).
    16. Guimaraesy, Bernardo & Meyerhof Salama, Bruno, 2017. "Contingent judicial deference: theory and application to usury laws," LSE Research Online Documents on Economics 86146, London School of Economics and Political Science, LSE Library.
    17. Nuno Garoupa & Laura Salamero-Teixidó & Adrián Segura, 2022. "Disagreeing in private or dissenting in public: an empirical exploration of possible motivations," European Journal of Law and Economics, Springer, vol. 53(2), pages 147-173, April.
    18. Martén, Linna, 2015. "Political Bias in Court? Lay Judges and Asylum Appeals," Working Paper Series 2015:2, Uppsala University, Department of Economics.
    19. David S. Abrams & Marianne Bertrand & Sendhil Mullainathan, 2012. "Do Judges Vary in Their Treatment of Race?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 347-383.
    20. Garoupa, Nuno & Grajzl, Peter, 2020. "Spurred by legal tradition or contextual politics? Lessons about judicial dissent from Slovenia and Croatia," International Review of Law and Economics, Elsevier, vol. 63(C).

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