Do Judges Matter?

179 Journal of Institutional and Theoretical Economics 224 (2023)

NYU Law and Economics Research Paper No. 24-01

57 Pages Posted: 13 May 2023

See all articles by Yun-chien Chang

Yun-chien Chang

Cornell Law School

Geoffrey P. Miller

New York University School of Law

Date Written: May 10, 2023

Abstract

An extensive literature examines whether characteristics of judges correlate with votes on cases. These studies generally consider the judges’ votes on the merits of cases. Examining a data set of 4,591 decisions issued by 48 state supreme courts in 2003, we consider whether judges’ personal features affect their opinion writing. We find virtually no significant differences along any of the dimensions under review. Judicial characteristics matter only indirectly — ideological differences increase dissensus in public-law cases, which increases opinion length and citation numbers. Our study suggests that when carrying out the ordinary business of courts, judges are almost all the same.

Keywords: Ideology, dissent, judicial appointment, gender, ethnicity

JEL Classification: K41

Suggested Citation

Chang, Yun-chien and Miller, Geoffrey P., Do Judges Matter? (May 10, 2023). 179 Journal of Institutional and Theoretical Economics 224 (2023) , NYU Law and Economics Research Paper No. 24-01, Available at SSRN: https://ssrn.com/abstract=4444740

Yun-chien Chang (Contact Author)

Cornell Law School ( email )

310 Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Geoffrey P. Miller

New York University School of Law ( email )

Center for the Study of Central Banks
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6329 (Phone)
212-995-4590 (Fax)

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