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The Law and Positive Political Theory of Panel Effects

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  • Emerson H. Tiller

Abstract

This article presents a robust theory of panel effects by integrating the key "law" components of judicial decision making--doctrines and decision instruments--with the judicial hierarchy (principal-agent) components that dominate much of the panel effects literature. The refined model illustrates how doctrines, instruments, and the level of decision transparency between lower and higher courts condition the impact of panel effects on judicial decision making. The implications of recent empirical findings of panel effects are reevaluated through this more refined perspective.

Suggested Citation

  • Emerson H. Tiller, 2015. "The Law and Positive Political Theory of Panel Effects," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 35-58.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/682693
    DOI: 10.1086/682693
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    References listed on IDEAS

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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. Tiller, Emerson H & Spiller, Pablo T, 1999. "Strategic Instruments: Legal Structure and Political Games in Administrative Law," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(2), pages 349-377, July.
    3. Álvaro Bustos & Tonja Jacobi, 2014. "Strategic Judicial Preference Revelation," Journal of Law and Economics, University of Chicago Press, vol. 57(1), pages 113-137.
    4. Smith, Joseph L & Tiller, Emerson H, 2002. "The Strategy of Judging: Evidence from Administrative Law," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 61-82, January.
    5. Max M. Schanzenbach & Emerson H. Tiller, 2007. "Strategic Judging Under the U.S. Sentencing Guidelines: Positive Political Theory and Evidence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(1), pages 24-56, April.
    6. Jonathan P. Kastellec, 2007. "Panel Composition and Judicial Compliance on the US Courts of Appeals," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(2), pages 421-441, June.
    7. Emerson H. Tiller, 2007. "Legal Doctrine and Political Control," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(2), pages 326-345, June.
    8. Lax, Jeffrey R., 2007. "Constructing Legal Rules on Appellate Courts," American Political Science Review, Cambridge University Press, vol. 101(3), pages 591-604, August.
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    Cited by:

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    2. Christoph Engel, 2021. "Lucky You: Your Case is Heard by a Seasoned Panel – Panel Effects in the German Constitutional Court," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2021_05, Max Planck Institute for Research on Collective Goods, revised 01 Jun 2022.
    3. 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.

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