Abstract

http://ssrn.com/abstract=10145
 
 

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Congressional Control of the Courts: A Theoretical and Empirical Analysis of Expansion of the Federal Judiciary


John M. De Figueiredo


Duke University; National Bureau of Economic Research (NBER)

Emerson H. Tiller


Northwestern University - School of Law


Journal of Law and Economics, 1996.

Abstract:     
Congress has many available tools to influence the federal judiciary. In this article, we consider Congress' ability to balance, or stack, the courts through the creation of federal judgeships. While caseload pressure often produces the need for more judgeships, we demonstrate that political party alignment between Congress and the President strongly influences the timing of the judicial expansion. The net effect of expanding during political alignment is to speed up changes in the political balance of the judiciary in favor of the current Congress. We also examine the determinants of expansion size and show that both political alignment and caseload pressure influence Congress' decision regarding how many judgeships to add.

JEL Classification: K49

Accepted Paper Series


Not Available For Download

Date posted: September 15, 1996  

Suggested Citation

de Figueiredo, John M. and Tiller, Emerson H., Congressional Control of the Courts: A Theoretical and Empirical Analysis of Expansion of the Federal Judiciary. Journal of Law and Economics, 1996.. Available at SSRN: http://ssrn.com/abstract=10145

Contact Information

John M. De Figueiredo
Duke University ( email )
100 Fuqua Drive
Durham, NC 27708-0204
United States
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
Emerson H. Tiller (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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