IDEAS home Printed from https://ideas.repec.org/p/ioe/doctra/451.html
   My bibliography  Save this paper

A Theory of Judicial Retirement

Author

Listed:
  • Álvaro Bustos
  • Tonja Jacobi

Abstract

For over 50 years, narrative and empirical accounts of judicial retirement have selected variables on a range of unstated assumptions, with discordant results. This paper introduces a formal model in which the justices, the President and the Senate are rational agents who aim to shift the median ideology of the Court as close as possible to their own ideologies. The model shows that the probability of retirement depends on a set of personal, contextual and political variables. It provides a more rigorous theory for the effect of extant variables, reveals erroneous conclusions in the literature, and identifies variables that have not been previously appreciated, such as the ideologies of the non-retiring justices and whether the ideology of the retiring justice is moderate or extreme. This more complete explanation of strategic judicial retirements raises empirically testable predictions to differentiate among the disparate findings of the existing literature.

Suggested Citation

  • Álvaro Bustos & Tonja Jacobi, 2014. "A Theory of Judicial Retirement," Documentos de Trabajo 451, Instituto de Economia. Pontificia Universidad Católica de Chile..
  • Handle: RePEc:ioe:doctra:451
    as

    Download full text from publisher

    File URL: http://www.economia.uc.cl/docs/dt_451.pdf
    Download Restriction: no

    References listed on IDEAS

    as
    1. Ryan C. Black & Christina L. Boyd, 2012. "US Supreme Court Agenda Setting and the Role of Litigant Status," Journal of Law, Economics, and Organization, Oxford University Press, vol. 28(2), pages 286-312.
    2. Ross Stolzenberg & James Lindgren, 2010. "Retirement and death in office of U.S. Supreme Court justices," Demography, Springer;Population Association of America (PAA), vol. 47(2), pages 269-298, May.
    3. Schwartz, Edward P, 1992. "Policy, Precedent, and Power: A Positive Theory of Supreme Court Decision-Making," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(2), pages 219-252, April.
    4. Caldeira, Gregory A & Wright, John R & Zorn, Christopher J W, 1999. "Sophisticated Voting and Gate-Keeping in the Supreme Court," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(3), pages 549-572, October.
    5. de Figueiredo, John M & Tiller, Emerson H, 1996. "Congressional Control of the Courts: A Theoretical and Empirical Analysis of Expansion of the Federal Judiciary," Journal of Law and Economics, University of Chicago Press, vol. 39(2), pages 435-462, October.
    6. 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.
    7. Joshua B. Fischman, 2011. "Estimating Preferences of Circuit Judges: A Model of Consensus Voting," Journal of Law and Economics, University of Chicago Press, vol. 54(4), pages 781-809.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ryan J. Owens, 2010. "The Separation of Powers and Supreme Court Agenda Setting," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 412-427, April.
    2. Guimaraesy, Bernardo & Meyerhof Salama, Bruno, 2017. "Contingent judicial deference: theory and application to usury laws," LSE Research Online Documents on Economics 86146, London School of Economics and Political Science, LSE Library.
    3. Karakas, Leyla D., 2017. "Political rents under alternative forms of judicial review," International Review of Law and Economics, Elsevier, vol. 52(C), pages 86-96.
    4. Schoenherr, Jessica A. & Black, Ryan C., 2019. "Friends with benefits: Case significance, amicus curiae, and agenda setting on the U.S. Supreme Court," International Review of Law and Economics, Elsevier, vol. 58(C), pages 43-53.
    5. Guimarães, Bernardo de Vasconcellos & Salama, Bruno Meyerhof, 2017. "Contingent judicial deference: theory and application to usury laws," Textos para discussão 440, FGV EESP - Escola de Economia de São Paulo, Fundação Getulio Vargas (Brazil).
    6. Mariano Tommasi & Pablo T. Spiller, 2004. "The Institutions of Regulation," Working Papers 67, Universidad de San Andres, Departamento de Economia, revised Mar 2004.
    7. Bustos, Álvaro & Jacobi, Tonja, 2015. "Communicating judicial retirement," International Review of Law and Economics, Elsevier, vol. 43(C), pages 107-118.
    8. Mueller, Bernardo, 2001. "Institutions for commitment in the Brazilian regulatory system," The Quarterly Review of Economics and Finance, Elsevier, vol. 41(5), pages 621-643.
    9. Chen, Daniel L. & Levonyan, Vardges & Yeh, Susan, 2016. "Policies Affect Preferences: Evidence from Random Variation in Abortion Jurisprudence," IAST Working Papers 16-58, Institute for Advanced Study in Toulouse (IAST).
    10. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "Politics in the Courtroom: Political Ideology and Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(3), pages 834-875.
    11. Susan R. Smart, 1994. "The Consequences of Appointment Methods and Party Control for Telecommunications Pricing," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 3(2), pages 301-323, June.
    12. Arthur Dyevre & Nicolas Lampach, 0. "Issue attention on international courts: Evidence from the European Court of Justice," The Review of International Organizations, Springer, vol. 0, pages 1-23.
    13. Muro, Sergio & Chehtman, Alejandro, 2020. "Law or strategic calculus? Abstention in the Argentine Supreme Court," International Review of Law and Economics, Elsevier, vol. 62(C).
    14. Gennaioli, Nicola & Shleifer, Andrei, 2007. "Overruling and the instability of law," Journal of Comparative Economics, Elsevier, vol. 35(2), pages 309-328, June.
    15. Gretchen Helmke & Elena V. McLean, 2014. "Inducing independence: A strategic model of World Bank assistance and legal reform," Conflict Management and Peace Science, Peace Science Society (International), vol. 31(4), pages 383-405, September.
    16. Klerman, Daniel & Mahoney, Paul G., 2007. "Legal origin?," Journal of Comparative Economics, Elsevier, vol. 35(2), pages 278-293, June.
    17. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo.
    18. Moszoro, Marian W. & Spiller, Pablo T., 2014. "Third-Party Opportunism and the Theory of Public Contracts: Operationalization and Applications," MPRA Paper 101592, University Library of Munich, Germany.
    19. Mario Bergara & Barak Richman & Pablo T. Spiller, 2002. "Modeling Supreme Court Strategic Decision Making: Congressional Constraint," Documentos de Trabajo (working papers) 1402, Department of Economics - dECON.
    20. Lee Epstein & Eric A. Posner, 2016. "Supreme Court Justices' Loyalty to the President," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 401-436.

    More about this item

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ioe:doctra:451. 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: (Jaime Casassus). General contact details of provider: http://edirc.repec.org/data/iepuccl.html .

    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 CitEc recognized a reference but did not link an item in RePEc 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.