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Judging CERCLA: An Empirical Analysis of Circuit Court Decision-Making


Clifford Chad Henson


Property & Environment Research Center; Skiermont Puckett LLP

February 12, 2010

Journal of Applied Economy, Vol. 4, p. 69, 2010
U Illinois Law & Economics Research Paper No. LE10-007

Abstract:     
Political scientists, and increasingly legal scholars, have become skeptical of judges’ attempts to explain decisions based exclusively on applying fact to law, and have attempted to identify factors that influence judicial decision-making. This study isolates a set of cases dealing with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and identifies variable sets corresponding to factors one would expect to be significant under competing models of judicial decision-making. While both the legal and extra-legal model independently explain some judicial decision-making, the legal model has more explanatory power and adds significantly to the explanatory power of the extra-legal model, while the extralegal model does not add significantly to the explanatory power of the legal model. Further, some significant factors in judicial decisions may be open to manipulation by litigants.

Number of Pages in PDF File: 36

Keywords: Environment, Judiciary, Courts, Appeals, Politics, Law & Economics, New Legal Realism, Environmental Law, Administrative Law

JEL Classification: K33, K40, K49, Q58

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Date posted: February 17, 2010 ; Last revised: February 27, 2011

Suggested Citation

Henson, Clifford Chad, Judging CERCLA: An Empirical Analysis of Circuit Court Decision-Making (February 12, 2010). Journal of Applied Economy, Vol. 4, p. 69, 2010; U Illinois Law & Economics Research Paper No. LE10-007. Available at SSRN: http://ssrn.com/abstract=1551965

Contact Information

Clifford Chad Henson (Contact Author)
Property & Environment Research Center ( email )
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Skiermont Puckett LLP ( email )
2200 Ross Avenue
Suite 4800W
Dallas, TX 75201
United States
2149786600 (Phone)
2149786601 (Fax)
HOME PAGE: http://www.skiermontpuckett.com/
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