The Effect of Electoral Institutions on Tort Awards
Politicians are not neutral maximizers of the public good, they respond to incentives just like other individuals. We apply the same reasoning to those politicians in robes called judges. We argue that elected judges, particularly partisan elected judges, have an incentive to redistribute wealth from out-of-state defendants (non-voters) to instate plaintiffs (voters). The partisan electoral hypothesis is tested first using data on 75,000 tort awards from across the states. We control for differences in injuries, state incomes, poverty levels, selection effects and other factors that may cause awards to differ across the states. One difference which appears difficult to control for is that each state has its own body of tort law. We take advantage of a peculiar aspect of American Federalism to make this distinction. In cases involving citizens of different states, aptly called diversity of citizenship cases, Federal judges apply state law to decide disputes. Diversity of citizenship cases allow us to test whether differences in awards are caused by differences in electoral systems or differences in state law. The evidence from the cross-state regressions and from the diversity of citizenship cases, strongly supports the partisan election hypothesis. In cases involving out-of-state defendants and in-state plaintiffs the average award (conditional on winning) is 42% higher in partisan than in non-partisan states; approximately 2/3 rds of the larger award is due to a bias against out-of-state defendants and the remainder due to generally higher awards against businesses in partisan states.
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- Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-97, September.
- Boyes, William J. & Hoffman, Dennis L. & Low, Stuart A., 1989. "An econometric analysis of the bank credit scoring problem," Journal of Econometrics, Elsevier, vol. 40(1), pages 3-14, January.
- Manski, Charles F & Lerman, Steven R, 1977. "The Estimation of Choice Probabilities from Choice Based Samples," Econometrica, Econometric Society, vol. 45(8), pages 1977-88, November.
- Helland, Eric & Tabarrok, Alexander T, 2000. "Runaway Judges? Selection Effects and the Jury," Journal of Law, Economics and Organization, Oxford University Press, vol. 16(2), pages 306-33, October.
- Heckman, James, 2013.
"Sample selection bias as a specification error,"
Publishing House "SINERGIA PRESS", vol. 31(3), pages 129-137.
- Joel Waldfogel, 1993.
"The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory,"
NBER Working Papers
4508, National Bureau of Economic Research, Inc.
- Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-60, April.
- Eric Helland & Alexander Taberrok, . "Runaway Judges? Selection Effects and the Jury," Claremont Colleges Working Papers 2000-10, Claremont Colleges.
- 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 157-88, April.
- Kornhauser, Lewis A & Revesz, Richard L, 1994. "Multidefendant Settlements: The Impact of Joint and Several Liability," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 41-76, January.
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