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Lucky You: Your Case is Heard by a Seasoned Panel – Panel Effects in the German Constitutional Court

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  • Christoph Engel

    (Max Planck Institute for Research on Collective Goods)

Abstract

Panel effects have been widely studied in randomly composed panels. However for many courts, panel composition stays constant. Then judges become familiar with each other. They know what to expect from each other. Mutual trust may develop. A local culture may emerge. If rejection is the default, familiarity is likely to help plaintiffs, as familiar panels can be more effective, and more self-confident. In the German Constitutional Court, the effect of familiarity on three success measures can be causally identified: success on the merits, with the request for a preliminary ruling, or with a procedural request. Justices experience multiple, exogenous recompositions of their chamber. In the logic of regression discontinuity, the effect of familiarity on the alternative measures for success can be identified if these recompositions lead to a clear decrease in familiarity with the other members of the chamber.

Suggested Citation

  • Christoph Engel, 2021. "Lucky You: Your Case is Heard by a Seasoned Panel – Panel Effects in the German Constitutional Court," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2021_05, Max Planck Institute for Research on Collective Goods, revised 01 Jun 2022.
    • Handle: RePEc:mpg:wpaper:2021_05
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    File URL: http://www.coll.mpg.de/pdf_dat/2021_05online.pdf
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    References listed on IDEAS

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    1. Deborah Beim & Alexander V. Hirsch & Jonathan P. Kastellec, 2016. "Signaling and Counter‐Signaling in the Judicial Hierarchy: An Empirical Analysis of En Banc Review," American Journal of Political Science, John Wiley & Sons, vol. 60(2), pages 490-508, April.
    2. Christina L. Boyd & Lee Epstein & Andrew D. Martin, 2010. "Untangling the Causal Effects of Sex on Judging," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 389-411, April.
    3. Christoph Engel & Lilia Zhurakhovska, 2017. "You Are in Charge: Experimentally Testing the Motivating Power of Holding a Judicial Office," The Journal of Legal Studies, University of Chicago Press, vol. 46(1), pages 1-50.
    4. Jonathan P. Kastellec, 2013. "Racial Diversity and Judicial Influence on Appellate Courts," American Journal of Political Science, John Wiley & Sons, vol. 57(1), pages 167-183, January.
    5. Emerson H. Tiller, 2015. "The Law and Positive Political Theory of Panel Effects," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 35-58.
    6. Guy Grossman & Oren Gazal‐Ayal & Samuel D. Pimentel & Jeremy M. Weinstein, 2016. "Descriptive Representation and Judicial Outcomes in Multiethnic Societies," American Journal of Political Science, John Wiley & Sons, vol. 60(1), pages 44-69, January.
    7. David S. Lee & Thomas Lemieux, 2010. "Regression Discontinuity Designs in Economics," Journal of Economic Literature, American Economic Association, vol. 48(2), pages 281-355, June.
    8. Jonathan P. Kastellec, 2007. "Panel Composition and Judicial Compliance on the US Courts of Appeals," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(2), pages 421-441, June.
    9. Sean Farhang, 2004. "Institutional Dynamics on the U.S. Court of Appeals: Minority Representation Under Panel Decision Making," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 20(2), pages 299-330, October.
    10. Matthew Spitzer & Eric Talley, 2013. "Left, Right, and Center: Strategic Information Acquisition and Diversity in Judicial Panels," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 638-680, June.
    11. Virginia A. Hettinger & Stefanie A. Lindquist & Wendy L. Martinek, 2004. "Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals," American Journal of Political Science, John Wiley & Sons, vol. 48(1), pages 123-137, January.
    12. Joshua B. Fischman, 2011. "Estimating Preferences of Circuit Judges: A Model of Consensus Voting," Journal of Law and Economics, University of Chicago Press, vol. 54(4), pages 781-809.
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    Cited by:

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    2. Christoph Engel, 2024. "The German Constitutional Court – Activist, but not Partisan?," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2024_04, Max Planck Institute for Research on Collective Goods.
    3. Marius Zipf & Johannes Glückler & Tamar Khuchua & Emmanuel Lazega & François Lachapelle & Jakob Hoffmann, 2023. "The Judicial Geography of Patent Litigation in Germany: Implications for the Institutionalization of the European Unified Patent Court," Social Sciences, MDPI, vol. 12(5), pages 1-17, May.

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    More about this item

    Keywords

    panel effect; German Constitutional Court; familiarity; regression discontinuity;
    All these keywords.

    JEL classification:

    • C12 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - Hypothesis Testing: General
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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