IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v8y2012i3p619-656n3.html
   My bibliography  Save this article

Political Beliefs and Tort Awards: Evidence of Rationally Political Jurors from Two Data Sets

Author

Listed:
  • Wentland Scott

    (Longwood University)

Abstract

To better understand jury decision-making, this paper explores the extent to which jurors’ political beliefs impact real world trial outcomes. The key finding of this study is a strong empirical link between a jury pool’s political leanings and tort awards, robust across two distinct data sets, namely pooled panels from the Civil Justice Survey of State Courts and Jury Verdict Research data. I find that a one standard deviation (12%) increase in a jury pool’s Democratic vote (in presidential elections) increases tort awards by approximately $157,600 (or 30%) on average. This general relationship remains consistent through county and time fixed effects estimations, and controlling for a number of socioeconomic demographics. While the empirics presented here do not establish a definitive causal link, the data lends evidence to the case for what I call a “rationally political juror,” suggesting further examination into juror incentives and decision-making.

Suggested Citation

  • Wentland Scott, 2012. "Political Beliefs and Tort Awards: Evidence of Rationally Political Jurors from Two Data Sets," Review of Law & Economics, De Gruyter, vol. 8(3), pages 619-656, December.
    • Handle: RePEc:bpj:rlecon:v:8:y:2012:i:3:p:619-656:n:3
    DOI: 10.1515/1555-5879.1514
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/1555-5879.1514
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/1555-5879.1514?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Tabarrok, Alexander & Helland, Eric, 1999. "Court Politics: The Political Economy of Tort Awards," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 157-188, April.
    2. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    3. Leora Friedberg, 1998. "Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data," NBER Working Papers 6398, National Bureau of Economic Research, Inc.
    4. Russell S. Sobel & Joshua C. Hall, 2007. "The Effect of Judicial Selection Processes on Judicial Quality: The Role of Partisan Politics," Cato Journal, Cato Journal, Cato Institute, vol. 27(1), pages 69-82, Winter.
    5. Eric Helland & Jonathan Klick & Alexander Tabarrok, 2005. "Data Watch: Tort-uring the Data," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 207-220, Spring.
    6. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-260, April.
    7. Anthony Downs, 1957. "An Economic Theory of Political Action in a Democracy," Journal of Political Economy, University of Chicago Press, vol. 65(2), pages 135-135.
    8. Bryan Caplan, 2002. "Systematically Biased Beliefs About Economics: Robust Evidence of Judgemental Anomalies from the Survey of Americans and Economists on the Economy," Economic Journal, Royal Economic Society, vol. 112(479), pages 433-458, April.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Haitian Lu & Hongbo Pan & Chenying Zhang, 2015. "Political Connectedness and Court Outcomes: Evidence from Chinese Corporate Lawsuits," Journal of Law and Economics, University of Chicago Press, vol. 58(4).
    2. Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
    3. Eric Helland & Alexander Tabarrok, 2003. "Race, Poverty, and American Tort Awards: Evidence from Three Data Sets," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 27-58, January.
    4. Julia Rothbauer & Gernot Sieg, 2013. "Public Service Broadcasting of Sport, Shows, and News to Mitigate Rational Ignorance," Journal of Media Economics, Taylor & Francis Journals, vol. 26(1), pages 21-40, March.
    5. Chen, Daniel L. & Levonyan, Vardges & Yeh, Susan, 2016. "Policies Affect Preferences: Evidence from Random Variation in Abortion Jurisprudence," IAST Working Papers 16-58, Institute for Advanced Study in Toulouse (IAST).
    6. Berger, Helge & Neugart, Michael, 2011. "Labor courts, nomination bias, and unemployment in Germany," European Journal of Political Economy, Elsevier, vol. 27(4), pages 659-673.
    7. Hong Luo & Julie Holland Mortimer, 2017. "Copyright Enforcement: Evidence from Two Field Experiments," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 26(2), pages 499-528, June.
    8. Dietmar Harhoff & Georg von Graevenitz & Stefan Wagner, 2016. "Conflict Resolution, Public Goods, and Patent Thickets," Management Science, INFORMS, vol. 62(3), pages 704-721, March.
    9. Yan Cai & Eunmi Kim, 2019. "Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides," Sustainability, MDPI, vol. 11(7), pages 1-18, April.
    10. Anders Kärnä & Patrik Öhberg, 2023. "Misrepresentation and migration," Kyklos, Wiley Blackwell, vol. 76(4), pages 503-525, November.
    11. Jennings, Colin, 2011. "The good, the bad and the populist: A model of political agency with emotional voters," European Journal of Political Economy, Elsevier, vol. 27(4), pages 611-624.
    12. David S. Kaplan & Joyce Sadka & Jorge Luis Silva‐Mendez, 2008. "Litigation and Settlement: New Evidence from Labor Courts in Mexico," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 309-350, June.
    13. Jean Lanjouw & Josh Lerner, 1998. "The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature," Annals of Economics and Statistics, GENES, issue 49-50, pages 223-246.
    14. Gillian K. Hadfield, 2004. "Where Have All the Trials Gone? Settlements, Nontrial Adjudications, and Statistical Artifacts in the Changing Disposition of Federal Civil Cases," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 705-734, November.
    15. Bonatti, Luigi & Fracasso, Andrea, 2019. "Policy inertia, self-defeating expectations and structural reforms: can policy modeling cope?," Journal of Policy Modeling, Elsevier, vol. 41(5), pages 943-962.
    16. Michael Heise, 2013. "Empirical Analysis of Civil Litigation: Torts Trials in State Courts," Chapters, in: Jennifer H. Arlen (ed.), Research Handbook on the Economics of Torts, chapter 1, pages 11-30, Edward Elgar Publishing.
    17. Deffains, Bruno & Langlais, Eric, 2008. "Legal Interpretative Process and Litigants’ Cognitive Biases," MPRA Paper 14370, University Library of Munich, Germany.
    18. Eric Langlais, 2008. "Asymmetric information, self-serving bias and the pretrial negotiation impasse," Working Papers hal-04140725, HAL.
    19. Eric Helland & Mark H. Showalter, 2009. "The Impact of Liability on the Physician Labor Market," Journal of Law and Economics, University of Chicago Press, vol. 52(4), pages 635-663, November.
    20. Brad Taylor, 2015. "Strategic and expressive voting," Constitutional Political Economy, Springer, vol. 26(2), pages 159-170, June.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:8:y:2012:i:3:p:619-656:n:3. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.