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Tracking inconsistent judicial behavior

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  • Niblett, Anthony

Abstract

This paper explores the phenomenon of inconsistent judicial decisions. We analyze inconsistency in 174 legal decisions from the California Court of Appeal that determine whether or not an arbitration provision in a contract is enforceable as written. We map the facts of cases and introduce a new methodology for measuring inconsistency, directly comparing each case with every precedent. Our results indicate that cases are inconsistent with about one-quarter of relevant precedents. Inconsistency is highly correlated with conflicting political ideology of the judges on the benches that hear the two cases. Inconsistency also correlates with the publication of cases and the non-publication of precedents.

Suggested Citation

  • Niblett, Anthony, 2013. "Tracking inconsistent judicial behavior," International Review of Law and Economics, Elsevier, vol. 34(C), pages 9-20.
    • Handle: RePEc:eee:irlaec:v:34:y:2013:i:c:p:9-20
    DOI: 10.1016/j.irle.2012.10.003
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    References listed on IDEAS

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    Cited by:

    1. Nicola Gennaioli & Giacomo A. M. Ponzetto, 2015. "Optimally vague contracts and the law," Economics Working Papers 1410, Department of Economics and Business, Universitat Pompeu Fabra, revised Jan 2017.
    2. 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).
    3. Chen, Daniel L., 2023. "Judicial compliance in district courts," International Review of Law and Economics, Elsevier, vol. 74(C).
    4. Álvaro Bustos & Pablo Bravo-Hurtado & Antonio Aninat, 2020. "The (Other) Effects of Restricting Access to Higher Courts: The Case of Wrongful Terminations in Labor Contracts in Chile," Documentos de Trabajo 534, Instituto de Economia. Pontificia Universidad Católica de Chile..
    5. Anthony Niblett, 2013. "Case-by-Case Adjudication and the Path of the Law," The Journal of Legal Studies, University of Chicago Press, vol. 42(2), pages 303-330.
    6. Nicola Gennaioli & Giacomo A. M. Ponzetto, 2015. "Contract Innovation and Legal Evolution under Imperfect Enforcement," Working Papers 836, Barcelona School of Economics.
    7. Yuexin Huang & Ruijing Li & Danglun Luo & Rongli Yuan, 2024. "Political uncertainty and litigation efficiency: Evidence from China," Economics and Politics, Wiley Blackwell, vol. 36(2), pages 1020-1055, July.

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