Judicial accountability and economic policy outcomes: evidence from employment discrimination charges
How and whether judges should be held accountable is a key issue in the design of a legal system. Thirty-seven of the forty-eight continental states use some method of judicial selection which involves a direct role for citizens in selecting or re-appointing the judiciary. We identify two theoretical reasons why the method used for choosing judges is important – (i) a selection effect if the competence or underlying preferences of judges is affected, (ii) an incentive effect if the judges who are chosen behave differently because of the method used for their reappointment. This paper uses data from the U.S. to investigate whether judicial selection methods affect the number of employment discrimination charges filed for the period 1973- 2000. Our results show that states that appoint their judges have lower levels of discrimination charges compared to those that use some form of election. The results appear to be driven by states where judges being subject to re-election incentives rather than because judges with different preferences/competences are being chosen.
|Date of creation:||Jun 2003|
|Date of revision:|
|Contact details of provider:|| Postal: |
Phone: (+44) 020 7291 4800
Fax: (+44) 020 7323 4780
Web page: http://www.ifs.org.ukEmail:
More information through EDIRC
|Order Information:|| Postal: The Institute for Fiscal Studies 7 Ridgmount Street LONDON WC1E 7AE|
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.:
- Tim Besley, 2002.
"Political institutions and policy choices: evidence from the United States,"
IFS Working Papers
W02/13, Institute for Fiscal Studies.
- Timothy Besley & Anne Case, 2003. "Political Institutions and Policy Choices: Evidence from the United States," Journal of Economic Literature, American Economic Association, vol. 41(1), pages 7-73, March.
- Besley, Timothy J. & Case, Anne, 2002. "Political Institutions and Policy Choices: Evidence from the United States," CEPR Discussion Papers 3498, C.E.P.R. Discussion Papers.
- 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.
- 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.
- 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 205-32, January.
- Besley, Timothy J. & Coate, Stephen, 2000.
"Elected Versus Appointed Regulators: Theory And Evidence,"
CEPR Discussion Papers
2381, C.E.P.R. Discussion Papers.
- Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, 09.
- Stephen Coate & Timothy Besley, 2000. "Elected versus Appointed Regulators: Theory and Evidence," NBER Working Papers 7579, National Bureau of Economic Research, Inc.
- Henning Bohn & Robert P. Inman, 1996.
"Balanced Budget Rules and Public Deficits: Evidence from the U.S. States,"
NBER Working Papers
5533, National Bureau of Economic Research, Inc.
- Bohn, Henning & Inman, Robert P., 1996. "Balanced-budget rules and public deficits: evidence from the U.S. states," Carnegie-Rochester Conference Series on Public Policy, Elsevier, vol. 45(1), pages 13-76, December.
- Edward L. Glaeser & Andrei Shleifer, 2001.
Harvard Institute of Economic Research Working Papers
1920, Harvard - Institute of Economic Research.
- Besley, Timothy & Coate, Stephen, 2008.
"Issue Unbundling via Citizens' Initiatives,"
Quarterly Journal of Political Science,
now publishers, vol. 3(4), pages 379-397, December.
- La Porta, Rafael & Lopez-de-Silanes, Florencio & Pop-Eleches, Cristian & Shleifer, Andrei, 2004.
"Judicial Checks and Balances,"
3451311, Harvard University Department of Economics.
- David Neumark & Wendy A. Stock, 2001. "The Effects of Race and Sex Discrimination Laws," NBER Working Papers 8215, National Bureau of Economic Research, Inc.
- F. Andrew Hanssen, 2004. "Is There a Politically Optimal Level of Judicial Independence?," American Economic Review, American Economic Association, vol. 94(3), pages 712-729, June.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Hanssen, F Andrew, 2002. " On the Politics of Judicial Selection: Lawyers and State Campaigns for the Merit Plan," Public Choice, Springer, vol. 110(1-2), pages 79-97, January.
- Hanssen, F Andrew, 2000. "Independent Courts and Administrative Agencies: An Empirical Analysis of the States," Journal of Law, Economics and Organization, Oxford University Press, vol. 16(2), pages 534-71, October.
When requesting a correction, please mention this item's handle: RePEc:ifs:ifsewp:03/11. 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: (Stephanie Seavers)
If references are entirely missing, you can add them using this form.