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Strategic Judicial Decision Making

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  • Pablo T Spiller
  • Rafael Gely

Abstract

This survey paper starts from the basic, and intuitive, assumption that judges are human and as such, can be modeled in the same fashion we model politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. We explore, then, the role politics play in judicial decision-making. We provide a brief overview of what is called the "strategic approach," compare it to alternative approaches to understand judicial behavior, and offer some concluding thoughts about the future of positive analyses of judicial decision-making.
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Suggested Citation

  • Pablo T Spiller & Rafael Gely, 2007. "Strategic Judicial Decision Making," Levine's Working Paper Archive 122247000000001409, David K. Levine.
  • Handle: RePEc:cla:levarc:122247000000001409
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    File URL: http://www.dklevine.com/archive/refs4122247000000001409.pdf
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    References listed on IDEAS

    as
    1. Spiller, Pablo T., 1992. "Rationality, decision rules, and collegial courts," International Review of Law and Economics, Elsevier, vol. 12(2), pages 186-190, June.
    2. Toma, Eugenia F., 1996. "A contractual model of the voting behavior of the supreme court: The role of the chief justice," International Review of Law and Economics, Elsevier, vol. 16(4), pages 433-447, December.
    3. Tiller, Emerson H & Spiller, Pablo T, 1999. "Strategic Instruments: Legal Structure and Political Games in Administrative Law," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(2), pages 349-377, July.
    4. repec:cup:apsrev:v:81:y:1987:i:01:p:85-104_19 is not listed on IDEAS
    5. de Figueiredo, Rui J P, Jr & Spiller, Pablo T & Urbiztondo, Santiago, 1999. "An Informational Perspective on Administrative Procedures," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(1), pages 283-305, April.
    6. 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.
    7. Toma, Eugenia Froedge, 1991. "Congressional Influence and the Supreme Court: The Budget as a Signaling Device," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 131-146, January.
    8. repec:cup:apsrev:v:91:y:1997:i:01:p:28-44_23 is not listed on IDEAS
    9. Spiller, Pablo T & Spitzer, Matthew L, 1995. "Where Is the Sin in Sincere? Sophisticated Manipulation of Sincere Judicial Voters (With Applications to Other Voting Environments)," Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 32-63, April.
    10. Ramseyer, J Mark & Rasmusen, Eric B, 1997. "Judicial Independence in a Civil Law Regime: The Evidence from Japan," Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(2), pages 259-286, October.
    11. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
    12. Spiller, Pablo T & Spitzer, Matthew L, 1992. "Judicial Choice of Legal Doctrines," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(1), pages 8-46, March.
    13. Eskridge, William N, Jr & Ferejohn, John, 1992. "Making the Deal Stick: Enforcing the Original Constitutional Structure of Lawmaking in the Modern Regulatory State," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(1), pages 165-189, March.
    14. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
    15. Kornhauser, Lewis A, 1992. "Modeling Collegial Courts. II. Legal Doctrine," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(3), pages 441-470, October.
    16. Spiller, Pablo T & Tiller, Emerson H, 1997. "Decision Costs and the Strategic Design of Administrative Process and Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 347-370, June.
    17. Garrett, Geoffrey & Kelemen, R. Daniel & Schulz, Heiner, 1998. "The European Court of Justice, National Governments, and Legal Integration in the European Union," International Organization, Cambridge University Press, vol. 52(01), pages 149-176, December.
    18. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
    19. Gary S. Becker, 1983. "A Theory of Competition Among Pressure Groups for Political Influence," The Quarterly Journal of Economics, Oxford University Press, vol. 98(3), pages 371-400.
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    Cited by:

    1. Lambert-Mogiliansky, Ariane & Sonin, Konstantin & Zhuravskaya, Ekaterina, 2007. "Are Russian commercial courts biased? Evidence from a bankruptcy law transplant," Journal of Comparative Economics, Elsevier, vol. 35(2), pages 254-277, June.
    2. Jarosław Kantorowicz & Nuno Garoupa, 2016. "An empirical analysis of constitutional review voting in the polish constitutional tribunal, 2003–2014," Constitutional Political Economy, Springer, vol. 27(1), pages 66-92, March.
    3. Escresa Laarni & Garoupa Nuno, 2012. "Judicial Politics in Unstable Democracies: The Case of the Philippine Supreme Court, An Empirical Analysis 1986-2010," Asian Journal of Law and Economics, De Gruyter, vol. 3(1), pages 1-39, April.

    More about this item

    JEL classification:

    • K0 - Law and Economics - - General
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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