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Appealing Judgments

Author

Listed:
  • Andrew F. Daughety
  • Jennifer F. Reinganum

Abstract

We use axiomatic and Bayesian methods to model information and decisions in a hierarchical judicial system. Axioms represent constraints that rules of evidence, procedure, and higher court review impose at the trial level; a one-parameter family of functions provides their unique continuous solution. This generates a type space for the appeals stage wherein the appellant and the appeals court each receive private signals of a yet superior court's value of the parameter, reflecting its interpretation of the law. The appeals court uses the defendant's choice about appeal to improve its estimate of the superior court's interpretation of the law.

Suggested Citation

  • Andrew F. Daughety & Jennifer F. Reinganum, 2000. "Appealing Judgments," RAND Journal of Economics, The RAND Corporation, vol. 31(3), pages 502-526, Autumn.
    • Handle: RePEc:rje:randje:v:31:y:2000:i:autumn:p:502-526
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    Citations

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    Cited by:

    1. Kim, Chulyoung, 2016. "Adversarial bias, litigation, and the Daubert test: An economic approach," International Review of Law and Economics, Elsevier, vol. 47(C), pages 67-75.
    2. Florian Smuda & Patrice Bougette & Kai Hüschelrath, 2015. "Determinants of the Duration of European Appellate Court Proceedings in Cartel Cases," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1352-1369, November.
    3. Turkay, Evsen, 2011. "Evidence disclosure and severity of punishments," MPRA Paper 31504, University Library of Munich, Germany.
    4. Michael Hellwig & Kai Hüschelrath & Ulrich Laitenberger, 2018. "Settlements and Appeals in the European Commission’s Cartel Cases: An Empirical Assessment," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 52(1), pages 55-84, February.
    5. Anderlini, Luca & Felli, Leonardo & Riboni, Alessandro, 2020. "Legal efficiency and consistency," European Economic Review, Elsevier, vol. 121(C).
    6. Dominique Demougin & Claude Fluet, 2008. "Rules of proof, courts, and incentives," RAND Journal of Economics, RAND Corporation, vol. 39(1), pages 20-40, March.
    7. Gilat Levy, 2005. "Careerist Judges," RAND Journal of Economics, The RAND Corporation, vol. 36(2), pages 275-297, Summer.
    8. Hüschelrath, Kai & Smuda, Florian, 2014. "The appeals process: An empirical assessment," ZEW Discussion Papers 14-063, ZEW - Leibniz Centre for European Economic Research.
    9. Andrew F. Daughety & Reinganum F. Reinganum, 2014. "Settlement and Trial: Selected Analyses of the Bargaining Environment," Vanderbilt University Department of Economics Working Papers 14-00005, Vanderbilt University Department of Economics.
    10. Deffains, Bruno & Gabuthy, Yannick & Lambert, Eve-Angéline, 2010. "Labour disputes, investment decisions and the judiciary," Labour Economics, Elsevier, vol. 17(2), pages 424-433, April.
    11. Dari-Mattiacci, Giuseppe & Saraceno, Margherita, 2020. "Fee shifting and accuracy in adjudication," International Review of Law and Economics, Elsevier, vol. 63(C).
    12. Bertrand Chopard & Edwige Marion & Ludivine Roussey, 2014. "Does the Appeals Process Lower the Occurrence of Legal Errors?," EconomiX Working Papers 2014-43, University of Paris Nanterre, EconomiX.
    13. Jia, Hao & Skaperdas, Stergios & Vaidya, Samarth, 2013. "Contest functions: Theoretical foundations and issues in estimation," International Journal of Industrial Organization, Elsevier, vol. 31(3), pages 211-222.
    14. Sylvain Bourjade & Patrick Rey & Paul Seabright, 2009. "Private Antitrust Enforcement In The Presence Of Pre‐Trial Bargaining," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 372-409, September.
    15. Bull, Jesse & Watson, Joel, 2004. "Evidence disclosure and verifiability," Journal of Economic Theory, Elsevier, vol. 118(1), pages 1-31, September.
    16. Galinato, Gregmar I. & Rohla, Ryne, 2020. "Do privately-owned prisons increase incarceration rates?," Labour Economics, Elsevier, vol. 67(C).
    17. Adam B. Badawi & Scott Baker, 2015. "Appellate Lawmaking in a Judicial Hierarchy," Journal of Law and Economics, University of Chicago Press, vol. 58(1), pages 139-172.
    18. Luca Anderlini & Leonardo Felli & Alessandro Riboni, 2014. "Why Stare Decisis?," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 17(4), pages 726-738, October.
    19. Charles M. Cameron & Lewis A. Kornhauser, 2017. "Rational choice attitudinalism?," European Journal of Law and Economics, Springer, vol. 43(3), pages 535-554, June.
    20. Luke M. Froeb & Bernhard Ganglmair & Steven Tschantz, 2016. "Adversarial Decision Making: Choosing between Models Constructed by Interested Parties," Journal of Law and Economics, University of Chicago Press, vol. 59(3), pages 527-548.
    21. Maria Antonelli & Veronica Grembi, 2013. "A microeconomic model of the demand of civil justice: is one institutional context better than another?," European Journal of Law and Economics, Springer, vol. 36(2), pages 295-318, October.
    22. Steven Shavell, 2010. "On the Design of the Appeals Process: The Optimal Use of Discretionary Review versus Direct Appeal," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 63-108, January.
    23. Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc.
    24. Chulyoung Kim, 2014. "Adversarial and Inquisitorial Procedures with Information Acquisition," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(4), pages 767-803.
    25. Wohlschlegel, Ansgar, 2014. "The Appeals Process and Incentives to Settle," MPRA Paper 59424, University Library of Munich, Germany.

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