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The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus Appointment of State Judges

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  • Hanssen, F Andrew

Abstract

This article compares litigation in appointed and elected state courts. Scholars have concluded that appointed judges are more independent than elected judges. Models of the litigation process suggest that litigation rates will be higher where uncertainty over court decisions is greater. If the institutions that promote judicial independence increase uncertainty, one should therefore find more litigation where judges are appointed and, if instead they decrease uncertainty, more litigation where judges are elected. Examining three samples of state court litigation, this analysis finds, on balance, more litigation where judges are appointed, consistent with the hypothesis that judicial independence has a net positive effect on decision . Copyright 1999 by the University of Chicago.

Suggested Citation

  • 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.
  • Handle: RePEc:ucp:jlstud:v:28:y:1999:i:1:p:205-32
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    References listed on IDEAS

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    1. Steven Shavell, 1981. "The Social versus the Private Incentive to Bring Suit in a Costly Legal System," NBER Working Papers 0741, National Bureau of Economic Research, Inc.
    2. Hylton, Keith N., 1990. "The influence of litigation costs on deterrence under strict liability and under negligence," International Review of Law and Economics, Elsevier, vol. 10(2), pages 161-171, September.
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    4. Bebchuk, Lucian Arye, 1988. "Suing Solely to Extract a Settlement Offer," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-450, June.
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    Cited by:

    1. Timothy Besley & Anne Case, 2003. "Political Institutions and Policy Choices: Evidence from the United States," Journal of Economic Literature, American Economic Association, pages 7-73.
    2. Timothy Besley, 2013. "Implementation of Anti-Discrimination Policy: Does Judicial Selection Matter?," American Law and Economics Review, Oxford University Press, vol. 15(1), pages 212-251.
    3. 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.
    4. Michael Mitsopoulos & Theodore Pelagidis, 2010. "Greek appeals courts’ quality analysis and performance," European Journal of Law and Economics, Springer, vol. 30(1), pages 17-39, August.
    5. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    6. Enikolopov, Ruben, 2014. "Politicians, bureaucrats and targeted redistribution," Journal of Public Economics, Elsevier, pages 74-83.
    7. Buonanno Paolo & Galizzi Matteo M., 2014. "Advocatus, et non Latro? Testing the Excess of Litigation in the Italian Courts of Justice," Review of Law & Economics, De Gruyter, vol. 10(3), pages 1-38, November.
    8. repec:kap:ejlwec:v:44:y:2017:i:2:d:10.1007_s10657-016-9543-2 is not listed on IDEAS
    9. Paolo Buonanno & Matteo M. Galizzi, 2009. "Advocatus, et non latro? Testing the supplier-induced demand hypothesis for Italian courts of justice," Working Papers 0914, University of Brescia, Department of Economics.
    10. Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," American Economic Review, American Economic Association, pages 1034-1054.
    11. Gary Hoover & Sondra Collins, 2013. "Elected Versus Appointed County Commission Executives: Race, Political Favors and Support Facilities," The Review of Black Political Economy, Springer;National Economic Association, pages 449-457.
    12. Ruben Enikolopov, 2010. "Politicians, Bureaucrats and Targeted Redistribution: The Role of Career Concerns," Working Papers w0148, Center for Economic and Financial Research (CEFIR).
    13. 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.
    14. 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.
    15. Mora-Sanguinetti, Juan S. & Garoupa, Nuno, 2015. "Do lawyers induce litigation? Evidence from Spain, 2001–2010," International Review of Law and Economics, Elsevier, vol. 44(C), pages 29-41.
    16. 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.
    17. Paolo Buonanno & Matteo M. Galizzi, 2012. "Advocatus, et non Latro? Testing the Supplier-Induced Demand Hypothesis for the Italian Courts of Justice," Carlo Alberto Notebooks 250, Collegio Carlo Alberto.
    18. James M. Snyder & David Stromberg & Claire S.H. Lim, 2010. "Measuring Media Influence on U.S. State Courts," 2010 Meeting Papers 1193, Society for Economic Dynamics.
    19. Siddhartha Bandyopadhyay & Bryan C McCannon, 2014. "Queuing Up For Justice: Elections and Case Backlogs," Discussion Papers 14-10, Department of Economics, University of Birmingham.
    20. 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, pages 399-440.
    21. Fleck Robert K. & Hanssen F. Andrew, 2012. "On the Benefits and Costs of Legal Expertise: Adjudication in Ancient Athens," Review of Law & Economics, De Gruyter, vol. 8(2), pages 367-399, October.
    22. 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.
    23. Andrew Atkeson & Ariel Tomás Burstein, 2010. "Innovation, Firm Dynamics, and International Trade," Journal of Political Economy, University of Chicago Press, vol. 118(3), pages 433-484, June.
    24. Isabel Marcin & Pedro Robalo & Franziska Tausch, 2016. "Institutional Endogeneity and Third-party Punishment in Social Dilemmas," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2016_06, Max Planck Institute for Research on Collective Goods.

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