Abstract

http://ssrn.com/abstract=1452354
 
 

References (41)



 


 



Strategic Bargaining on the United States Courts of Appeals


Ryan J. Owens


University of Wisconsin - Madison - Department of Political Science

Ryan C. Black


Michigan State University - Department of Political Science

September 5, 2009

APSA 2009 Toronto Meeting Paper

Abstract:     
We employ never before used archival data to provide the rst, systematic examination of the conditions under which federal circuit court judges craft legal opinions. We undertake this analysis in the context of judges' responses to opinion drafts. We examine every private record maintained by former D.C. Circuit Judge J. Skelly Wright (1962-1988), which yields nearly five thousand observations across roughly 2500 cases. Our results provide strong support for ideological, contextual, and institutional components to the development of law and the distribution of policy benefi ts. Judges are more likely to try to alter the majority opinion the more ideologically distant they are from the opinion writer. At the same time, contextual factors and institutional dynamics influence the responses judges provide. Law evolves, then, as a result of judges seeking their personal policy goals, tempered by the immediate constraints of their office.

Number of Pages in PDF File: 33

Keywords: strategic decision making, bargaining, circuit courts

working papers series





Download This Paper

Date posted: August 13, 2009 ; Last revised: March 10, 2010

Suggested Citation

Owens, Ryan J. and Black, Ryan C., Strategic Bargaining on the United States Courts of Appeals (September 5, 2009). APSA 2009 Toronto Meeting Paper. Available at SSRN: http://ssrn.com/abstract=1452354

Contact Information

Ryan J. Owens (Contact Author)
University of Wisconsin - Madison - Department of Political Science ( email )
406 North Hall
1050 Bascom Mall
Madison, WI 53706
United States
608-263-2279 (Phone)
HOME PAGE: http://law.wisc.edu/profiles/rjowens@wisc.edu
Ryan C. Black
Michigan State University - Department of Political Science ( email )
East Lansing, MI 48824
United States
HOME PAGE: http://ryancblack.org
Feedback to SSRN


Paper statistics
Abstract Views: 170
Downloads: 16
References:  41

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds