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We analyze the countervailing incentives that mid-level appellate judges face when deciding whether to remand a case back to the lower court. Although appellate courts' ability to remand cases can mitigate moral hazard problems, by restraining trial court judges, it may sometimes instead...
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The German Constitutional Court has powers that are no weaker than the powers of the US Supreme Court. Justices are openly selected by the political parties. Nonetheless, public and professional perception are strikingly different. Justices at the German court are not believed to be guided by...
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We analyze decision-making in a simple model of the judicial hierarchy. We assume that trial court judges are more …
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This article argues that judges suppress dissent when it is costly to do so, and that the cost of dissent depends on the political dimension of the issue broached. It contends that judges who disagree may nevertheless try to safeguard integrity and legitimacy in political disputes by presenting...
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litigation risk measure: federal judge ideology. We find that judge ideology complements existing measures of litigation risk … based on industry membership and firm characteristics. Firms in liberal circuits (the third quartile in ideology) are 33 … ideology). This result is stronger after the U.S. Supreme Court's ruling in the Tellabs case. We next show that the effect of …
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