Bias in Judicial Citations: A New Window into the Behavior of Judges?
Stephen J. Choi
New York University School of Law
G. Mitu Gulati
Duke University School of Law
July 2, 2006
NYU, Law and Economics Research Paper No. 06-29
Georgetown Law and Economics Research Paper No. 913663
Georgetown Public Law Research Paper No. 913663
NYU Law School, Public Law Research Paper No. 06-21
1st Annual Conference on Empirical Legal Studies Paper
This Article tests for the presence of bias in judicial citations within federal circuit court opinions. Our findings suggest bias along three dimensions. First, judges base outside circuit citation decisions in part on the political party of the cited judge. Judges tend to cite judges of the opposite political party less compared with the fraction of the total pool of opinions attributable to the opposite political party judges. Second, judges are more likely to engage in biased citation practices in certain high stakes situations. These high stakes situations include opinions dealing with certain subject matters (such as individual rights and campaign finance) as well as opinions in which another judge is in active opposition. Third, judges cite more to those judges that cite back to them frequently, suggesting the presence of "mutual" citation clubs.
Number of Pages in PDF File: 67
Keywords: Judges, judicial administration, judicial bias, empirical study of courts
JEL Classification: K40, K41
Date posted: July 10, 2006