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Learning About Judicial Independence: Institutional Change In The State Courts

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  • Andrew Hanssen

    (Montana State University)

Abstract

There is widespread agreement that an independent judiciary is crucial to the growth of a nation. Yet systematic analysis of the development of independent courts is difficult, because, typically, formal judicial institutions seldom change. Here, I examine a formal judicial institution with substantial cross-sectional and time-series variation to explore: the procedure used to select and retain judges in the American states. Five different procedures emerged over the nation’s history, and all are in use today. I conclude as follows: Each new procedure was developed in order to increase the independence of state judges and was then superseded by a newer procedure, owing in large part to unanticipated agency problems. However, not all states changed procedures when the opportunity arose. States with larger legislative majorities, earlier entrance to the Union, or constitutional amendment requirements were less likely to adopt new procedures.
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Suggested Citation

  • Andrew Hanssen, "undated". "Learning About Judicial Independence: Institutional Change In The State Courts," American Law & Economics Association Annual Meetings 1009, American Law & Economics Association.
    • Handle: RePEc:bep:alecam:1009
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    File URL: http://law.bepress.com/cgi/viewcontent.cgi?article=1009&context=alea
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    References listed on IDEAS

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    1. Edward Glaeser & Simon Johnson & Andrei Shleifer, 2001. "Coase Versus the Coasians," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 116(3), pages 853-899.
    2. Hanssen F. Andrew, 1999. "Appointed Courts, Elected Courts, and Public Utility Regulation: Judicial Independence and the Energy Crisis," Business and Politics, De Gruyter, vol. 1(2), pages 179-252, August.
    3. 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.
    4. Ramseyer, J Mark, 1994. "The Puzzling (In)dependence of Courts: A Comparative Approach," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 721-747, June.
    5. Tabarrok, Alexander & Helland, Eric, 1999. "Court Politics: The Political Economy of Tort Awards," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 157-188, April.
    6. Elder, Harold W., 1987. "Property rights structures and criminal courts: An analysis of state criminal courts," International Review of Law and Economics, Elsevier, vol. 7(1), pages 21-32, 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. McMillan, John & Woodruff, Christopher, 1999. "Dispute Prevention without Courts in Vietnam," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(3), pages 637-658, October.
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    Cited by:

    1. John A. Dove, 2017. "Judicial Independence and US State Bond Ratings: An Empirical Investigation," Public Budgeting & Finance, Wiley Blackwell, vol. 37(3), pages 24-46, September.
    2. Daniel Berkowitz & Karen Clay, "undated". "Initial Conditions, Institutional Dynamics and Economic Performance: Evidence from the American States," American Law & Economics Association Annual Meetings 1083, American Law & Economics Association.
    3. 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.
    4. Guerriero, Carmine, 2011. "Accountability in government and regulatory policies: Theory and evidence," Journal of Comparative Economics, Elsevier, vol. 39(4), pages 453-469.
    5. 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.
    6. Carmine Guerriero, 2006. "Dependent Controllers and Regulation Policies: Theory and Evidence," Working Papers 2006.109, Fondazione Eni Enrico Mattei.
    7. Fleck, Robert K. & Hanssen, F. Andrew, 2010. "Repeated adjustment of delegated powers and the history of eminent domain," International Review of Law and Economics, Elsevier, vol. 30(2), pages 99-112, June.
    8. Guerriero, Carmine, 2006. "Endogenous Price Mechanisms, Capture and Accountability Rules: Theory and Evidence," Privatisation Regulation Corporate Governance Working Papers 12197, Fondazione Eni Enrico Mattei (FEEM).
    9. Kanazawa, Mark Tooru, 2023. "The Efficiency of Occupational Licensing during the Gilded and Progressive Eras: Evidence from Judicial Review," The Journal of Economic History, Cambridge University Press, vol. 83(4), pages 1221-1252, December.
    10. Dove, 2016. "Judicial independence and economic freedom in the US states," Applied Economics Letters, Taylor & Francis Journals, vol. 23(1), pages 78-83, January.
    11. Shalini Iyengar & Nives Dolšak & Aseem Prakash, 2019. "Selectively Assertive: Interventions of India’s Supreme Court to Enforce Environmental Laws," Sustainability, MDPI, vol. 11(24), pages 1-18, December.
    12. John Dove & William J. Byrd, 2022. "Judicial independence and lynching in historical context: an analysis of US States," Cliometrica, Springer;Cliometric Society (Association Francaise de Cliométrie), vol. 16(3), pages 639-672, September.
    13. Dove, John A., 2015. "The effect of judicial independence on entrepreneurship in the US states," Economic Systems, Elsevier, vol. 39(1), pages 72-96.
    14. 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.
    15. Dove, John A., 2018. "It's easier to contract than to pay: Judicial independence and US municipal default in the 19th century," Journal of Comparative Economics, Elsevier, vol. 46(4), pages 1062-1081.

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