Left, Right, and Center: Strategic Information Acquisition and Diversity in Judicial Panels
44 Pages Posted: 9 May 2011 Last revised: 1 Jul 2011
Date Written: June 25, 2011
Abstract
This paper develops and analyzes a hierarchical model of judicial review in multimember appellate courts. In our model, judicial panels acquire information endogenously, through the efforts of individual panelists, acting strategically. The resulting equilibria strongly resemble the empirical phenomena collectively known as "panel effects" -- and in particular the observed regularity with which ideological diversity on a panel predicts greater moderation in voting behavior (even after controlling for the median voter's preferences). In our model, non-pivotal panel members with ideologies far from the median have the greatest incentive to acquire additional policy-relevant information where no one on a unified panel would be willing to do so. The resulting information structure pushes deliberation and observed voting patterns towards apparent moderation. We illustrate the plausibility of our model by calibrating it to empirical data, and explore various normative implications of our theory.
Keywords: judicial behavior, panel effects
JEL Classification: K00, K23, K41
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
Untangling the Causal Effects of Sex on Judging
By Christina L. Boyd, Lee Epstein, ...
-
By Lee Epstein and Gary King
-
By Adam B. Cox and Thomas J. Miles
-
Decision-Making Under a Norm of Consensus: A Structural Analysis of Three-Judge Panels
-
Strategic Judicial Lawmaking: Ideology, Publication, and Asylum Law in the Ninth Circuit
By David S. Law
-
Do Judges Make Regulatory Policy?: An Empirical Investigation of Chevron
By Thomas J. Miles and Cass R. Sunstein
-
Do Judges Make Regulatory Policy? An Empirical Investigation of 'Chevron'
By Thomas J. Miles and Cass R. Sunstein
-
Judicial Hostility Toward Labor Unions? Applying the Social Background Model to a Celebrated Concern
By James J. Brudney, Sara Schiavoni, ...
-
What Is Judicial Ideology, and How Should We Measure It?
By Joshua B. Fischman and David S. Law