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Examining the Efficiency of the U.S. Courts of Appeals: Pathologies and Prescriptions

Author

Listed:
  • Christensen, Robert K.

    ()

  • Szmer, John

    ()

Abstract

Until recently (e.g., Lindquist 2007), few studies have examined the factors that might affect aspects of judicial efficiency, including the time it takes a court to decide a case. In our analysis of a sample o f U.S. Courts of Appeals decisions from 1971-1996, we examine a variety of potential causes of inefficiency, or pathologies, before suggesting a series of prescriptions. 1 Both authors equally contributed to this manuscript. The authors would like to thank Reese Manceaux for his assistance in merging a variety of seemingly incompatible databases, as well as Nicole Arnold for her assistance in collecting data.

Suggested Citation

  • Christensen, Robert K. & Szmer, John, 2011. "Examining the Efficiency of the U.S. Courts of Appeals: Pathologies and Prescriptions," IEL Working Papers 4, Institute of Public Policy and Public Choice - POLIS.
  • Handle: RePEc:uca:ucaiel:4
    as

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    File URL: http://polis.unipmn.it/pubbl/RePEc/uca/ucaiel/iel004.pdf
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    References listed on IDEAS

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    1. Edward L. Glaeser & Andrei Shleifer, 2003. "The Rise of the Regulatory State," Journal of Economic Literature, American Economic Association, pages 401-425.
    2. Sophie Harnay & Alain Marciano, 2011. "Seeking rents through class actions and legislative lobbying: a comparison," European Journal of Law and Economics, Springer, vol. 32(2), pages 293-304, October.
    3. Nicita Antonio & Ramello Giovanni B., 2007. "Property, Liability and Market Power: The Antitrust Side of Copyright," Review of Law & Economics, De Gruyter, vol. 3(3), pages 767-791, December.
    4. Cornes,Richard & Sandler,Todd, 1996. "The Theory of Externalities, Public Goods, and Club Goods," Cambridge Books, Cambridge University Press, number 9780521477185, December.
    5. Edwards, Brian K & Starr, Ross M, 1987. "A Note on Indivisibilities, Specialization, and Economies of Scale," American Economic Review, American Economic Association, pages 192-194.
    6. Migheli, Matteo, 2010. "Gender at Work: Productivity and Incentives," AICCON Working Papers 74-2010, Associazione Italiana per la Cultura della Cooperazione e del Non Profit.
    7. Giovanni Ramello, 2011. "Property rights and externalities: the uneasy case of knowledge," European Journal of Law and Economics, Springer, vol. 31(1), pages 123-141, February.
    8. repec:hrv:faseco:30747197 is not listed on IDEAS
    9. Donatella Porrini, 2011. "Class action and financial markets: insights from law and economics," Journal of Financial Economic Policy, Emerald Group Publishing, vol. 3(2), pages 140-160, May.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    judicial efficiency; Courts of Appeals; litigation;

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K19 - Law and Economics - - Basic Areas of Law - - - Other

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