In this paper I analyse 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 contradict previous decisions inefficiently. I also show that judges behave more efficiently when elected by the public than when appointed by fellow superior judges.
|Date of creation:||May 2003|
|Date of revision:|
|Contact details of provider:|| Web page: http://sticerd.lse.ac.uk/_new/publications/default.asp|
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- William M. Landes & Richard A. Posner, 1975.
"The Independent Judiciary in an Interest-Group Perspective,"
NBER Working Papers
0110, National Bureau of Economic Research, Inc.
- 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.
- Crawford, Vincent P & Sobel, Joel, 1982.
"Strategic Information Transmission,"
Econometric Society, vol. 50(6), pages 1431-51, November.
- Stephen Morris, 1999.
Cowles Foundation Discussion Papers
1242, Cowles Foundation for Research in Economics, Yale University.
- 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.
- Avery, Christopher N. & Chevalier, Judith A., 1999. "Herding over the career," Economics Letters, Elsevier, vol. 63(3), pages 327-333, June.
- 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.
- 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 831-47, October.
- Scharfstein, David S & Stein, Jeremy C, 1990.
"Herd Behavior and Investment,"
American Economic Review,
American Economic Association, vol. 80(3), pages 465-79, June.
- 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.
- William M. Landes & Richard A. Posner, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," NBER Working Papers 0146, National Bureau of Economic Research, Inc.
- Kornhauser, Lewis A., 1992. "Modeling collegial courts I: Path-dependence," International Review of Law and Economics, Elsevier, vol. 12(2), pages 169-185, June.
- 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.
- 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 753-81, June.
- 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 319-44, January.
- Zwiebel, Jeffrey, 1995. "Corporate Conservatism and Relative Compensation," Journal of Political Economy, University of Chicago Press, vol. 103(1), pages 1-25, February.
- 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 223-52, January.
- Trueman, Brett, 1994. "Analyst Forecasts and Herding Behavior," Review of Financial Studies, Society for Financial Studies, vol. 7(1), pages 97-124.
- 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 427-50, January.
- 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 158-89, Fall.
- Shapiro, Fred R, 2000. "The Most-Cited Legal Scholars," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 409-26, January.
When requesting a correction, please mention this item's handle: RePEc:cep:stitep:457. 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: ()
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 references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link 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 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.