IDEAS home Printed from https://ideas.repec.org/p/tse/iastwp/31136.html
   My bibliography  Save this paper

Judicial Compliance in District Courts

Author

Listed:
  • Chen, Daniel L.
  • Frankenreiter, Jens
  • Yeh, Susan

Abstract

Public enforcement of law relies on the use of public agents, such as judges, to follow the law. Are judges motivated only by strategic interests and ideology, as many models posit, rather than a duty to follow the law? We use the random assignment of U.S. Federal judges setting geographically-local precedent to document the causal impact of court decisions in a hierarchical legal system. We examine lower court cases filed before and resolved after higher court decisions and find that lower courts are 29-37% points more likely to rule in the manner of the higher court. The results obtain when the higher court case was decided in the same doctrinal area as the pending case and when the higher court case was decided on the merits. Reversals by the higher court have no significant effects. These results provide clean evidence that judges are motivated to follow the law and are not solely motivated by policy preferences.

Suggested Citation

  • Chen, Daniel L. & Frankenreiter, Jens & Yeh, Susan, 2016. "Judicial Compliance in District Courts," IAST Working Papers 16-55, Institute for Advanced Study in Toulouse (IAST).
  • Handle: RePEc:tse:iastwp:31136
    as

    Download full text from publisher

    File URL: http://iast.fr/pub/31136
    Download Restriction: no

    File URL: http://nber.org/~dlchen/papers/Judicial_Compliance_in_District_Courts.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. Ernst Fehr & Klaus M. Schmidt, 1999. "A Theory of Fairness, Competition, and Cooperation," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 114(3), pages 817-868.
    2. Alberto Alesina & Guido Tabellini, 2007. "Bureaucrats or Politicians? Part I: A Single Policy Task," American Economic Review, American Economic Association, vol. 97(1), pages 169-179, March.
    3. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    4. Frank Cross, 2005. "Appellate Court Adherence to Precedent," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 2(2), pages 369-405, July.
    5. Nicola Gennaioli & Andrei Shleifer, 2007. "The Evolution of Common Law," Journal of Political Economy, University of Chicago Press, vol. 115(1), pages 43-68.
    6. Jean Tirole & Roland Bénabou, 2006. "Incentives and Prosocial Behavior," American Economic Review, American Economic Association, vol. 96(5), pages 1652-1678, December.
    7. Roland Bénabou & Jean Tirole, 2011. "Identity, Morals, and Taboos: Beliefs as Assets," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 126(2), pages 805-855.
    8. Chen, Daniel L. & Yeh, Susan, 2014. "The construction of morals," Journal of Economic Behavior & Organization, Elsevier, vol. 104(C), pages 84-105.
    9. John Ferejohn, 1986. "Incumbent performance and electoral control," Public Choice, Springer, vol. 50(1), pages 5-25, January.
    10. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    11. A. Colin Cameron & Douglas L. Miller, 2015. "A Practitioner’s Guide to Cluster-Robust Inference," Journal of Human Resources, University of Wisconsin Press, vol. 50(2), pages 317-372.
    12. A. Colin Cameron & Pravin K. Trivedi, 2010. "Microeconometrics Using Stata, Revised Edition," Stata Press books, StataCorp LP, number musr, March.
    13. Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
    14. Daniel L. Chen, 2010. "Club Goods and Group Identity: Evidence from Islamic Resurgence during the Indonesian Financial Crisis," Journal of Political Economy, University of Chicago Press, vol. 118(2), pages 300-354, April.
    15. Chen, Daniel L. & Michaeli, Moti & Spiro, Daniel, 2016. "Ideological Perfectionism," IAST Working Papers 16-47, Institute for Advanced Study in Toulouse (IAST).
    16. Besley, Timothy & Case, Anne, 2000. "Unnatural Experiments? Estimating the Incidence of Endogenous Policies," Economic Journal, Royal Economic Society, vol. 110(467), pages 672-694, November.
    17. Christina L. Boyd & David A. Hoffman, 2013. "Litigating Toward Settlement," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(4), pages 898-929, August.
    18. Joshua B. Fischman, 2015. "Do the Justices Vote Like Policy Makers? Evidence from Scaling the Supreme Court with Interest Groups," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 269-293.
    19. Michael D. Gilbert, 2011. "Does Law Matter? Theory and Evidence from Single-Subject Adjudication," The Journal of Legal Studies, University of Chicago Press, vol. 40(2), pages 333-365.
    20. Mathias Dewatripont & Ian Jewitt & Jean Tirole, 1999. "The Economics of Career Concerns, Part I: Comparing Information Structures," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 66(1), pages 183-198.
    21. Daniel L. Chen, 2015. "Can markets stimulate rights? On the alienability of legal claims," RAND Journal of Economics, RAND Corporation, vol. 46(1), pages 23-65, March.
    22. Roland Bénabou & Jean Tirole, 2003. "Intrinsic and Extrinsic Motivation," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 70(3), pages 489-520.
    23. 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.
    24. William H. J. Hubbard, 2013. "Testing for Change in Procedural Standards, with Application to Bell Atlantic v. Twombly," The Journal of Legal Studies, University of Chicago Press, vol. 42(1), pages 35-68.
    25. Rabin, Matthew, 1993. "Incorporating Fairness into Game Theory and Economics," American Economic Review, American Economic Association, vol. 83(5), pages 1281-1302, December.
    26. Mathias Dewatripont & Ian Jewitt & Jean Tirole, 1999. "The Economics of Career Concerns, Part I: Comparing Information Structures," Review of Economic Studies, Oxford University Press, vol. 66(1), pages 183-198.
    27. Michael Klarman, "undated". "Brown and Lawrence," University of Virginia John M. Olin Program for Law & Economics Working Paper Series uvalwps-1003, University of Virginia School of Law.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Ramos Maqueda,Manuel & Chen,Daniel Li, 2021. "The Role of Justice in Development : The Data Revolution," Policy Research Working Paper Series 9720, The World Bank.
    2. Sultan Mehmood & Avner Seror, 2020. "Religion, Politics, and Judicial Independence: Theory and Evidence," AMSE Working Papers 2004, Aix-Marseille School of Economics, France.

    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. Chen, Daniel L., 2023. "Judicial compliance in district courts," International Review of Law and Economics, Elsevier, vol. 74(C).
    2. Elliott Ash & W. Bentley MacLeod, 2015. "Intrinsic Motivation in Public Service: Theory and Evidence from State Supreme Courts," Journal of Law and Economics, University of Chicago Press, vol. 58(4).
    3. 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).
    4. Byun, Seong, 2022. "The role of intrinsic incentives and corporate culture in motivating innovation," Journal of Banking & Finance, Elsevier, vol. 134(C).
    5. Ash, Elliott & MacLeod, W. Bentley, 2021. "Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts," Journal of Public Economics, Elsevier, vol. 201(C).
    6. Jo Thori Lind & Daniel Chen, 2016. "The Political Economy Of Beliefs: Why Fiscal And Social Conservatives/Liberals Come Hand-In-Hand," 2016 Meeting Papers 606, Society for Economic Dynamics.
    7. Chen, Daniel L. & Schonger, Martin, 2016. "Social preferences or sacred values? Theory and evidence of deontological motivations," TSE Working Papers 16-714, Toulouse School of Economics (TSE), revised Feb 2020.
    8. Gary Bolton & Eugen Dimant & Ulrich Schmidt, 2018. "When a Nudge Backfires. Using Observation with Social and Economic Incentives to Promote Pro-Social Behavior," PPE Working Papers 0017, Philosophy, Politics and Economics, University of Pennsylvania.
    9. Belot, Michèle & Schröder, Marina, 2013. "Sloppy work, lies and theft: A novel experimental design to study counterproductive behaviour," Journal of Economic Behavior & Organization, Elsevier, vol. 93(C), pages 233-238.
    10. Christoph Engel & Paul A. M. Van Lange, 2021. "Social mindfulness is normative when costs are low, but rapidly declines with increases in costs," Judgment and Decision Making, Society for Judgment and Decision Making, vol. 16(2), pages 290-322, March.
    11. Festré, Agnès, 2018. "Do people stand by their commitments? Evidence from a classroom experiment," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 76(C), pages 1-6.
    12. Nyborg, Karine, 2011. "I don't want to hear about it: Rational ignorance among duty-oriented consumers," Journal of Economic Behavior & Organization, Elsevier, vol. 79(3), pages 263-274, August.
    13. Cecere, Grazia & Mancinelli, Susanna & Mazzanti, Massimiliano, 2014. "Waste prevention and social preferences: the role of intrinsic and extrinsic motivations," Ecological Economics, Elsevier, vol. 107(C), pages 163-176.
    14. Michèle Belot & Marina Schröder, 2016. "The Spillover Effects of Monitoring: A Field Experiment," Management Science, INFORMS, vol. 62(1), pages 37-45, January.
    15. Fluet, Claude & Galbiati, Rpbertp, 2016. "Lois et normes : les enseignements de l'économie comportementale," L'Actualité Economique, Société Canadienne de Science Economique, vol. 92(1-2), pages 191-215, Mars-Juin.
    16. Rebitzer, James B. & Taylor, Lowell J., 2011. "Extrinsic Rewards and Intrinsic Motives: Standard and Behavioral Approaches to Agency and Labor Markets," Handbook of Labor Economics, in: O. Ashenfelter & D. Card (ed.), Handbook of Labor Economics, edition 1, volume 4, chapter 8, pages 701-772, Elsevier.
    17. repec:cup:judgdm:v:16:y:2021:i:2:p:290-322 is not listed on IDEAS
    18. Zachary Grossman, 2014. "Strategic Ignorance and the Robustness of Social Preferences," Management Science, INFORMS, vol. 60(11), pages 2659-2665, November.
    19. Akerlof, Robert, 2016. "Anger and enforcement," Journal of Economic Behavior & Organization, Elsevier, vol. 126(PB), pages 110-124.
    20. Ishida, Junichiro, 2012. "Contracting with self-esteem concerns," Journal of Economic Behavior & Organization, Elsevier, vol. 81(2), pages 329-340.
    21. Chen, Daniel L. & Yeh, Susan, 2016. "How Do Rights Revolutions Occur? Free Speech and the First Amendment," TSE Working Papers 16-705, Toulouse School of Economics (TSE).

    More about this item

    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:tse:iastwp:31136. See general information about how to correct material in RePEc.

    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 bibliographic 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.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/iasttfr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.