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Home arrow Economics arrow Commitment and cooperation on high courts : a cross-country examination of institutional constraints on judges

Commitment and cooperation on high courts : a cross-country examination of institutional constraints


Commitment and Cooperation on High CourtsCOMMITMENT: JUDGES AND THEIR PERSONAL VIEWSCOOPERATION: JUDGES AND THEIR COLLEAGUESCOMBINING COMMITMENT AND COOPERATIONARE COMMITMENT AND COOPERATION RELATED?WHY COMMITMENT AND COOPERATION?COMPARING HIGH COURTSUnited StatesAustraliaCanadaIndiaUnited KingdomCONCLUSIONHow Do Judges Decide?THEORIES OF HOW JUDGES DECIDEWHAT INFLUENCES A JUDGE’S DECISION?Policy PreferencesReputationIdentityFinancial/Material CompensationLeisureINSTITUTIONAL WEDGESJUDGES, THE LAW, AND INSTITUTIONSPlanting the Seed. Choosing High Court JudgesCHOOSING THE BENCHExecutive Power“With the Advice and Consent”: Combining the Executive and LegislatureThe Committee ApproachLetting the Judges DecideIS THERE A CONNECTION BETWEEN THE APPOINTMENTS PROCESS AND DECISION-MAKING?Do Political Processes Lead to Political Judges?ARE JUDGES DISPERSED?ARE JUDGES CONSISTENT ACROSS AREAS OF LAW?Do Appointers Replicate Themselves?Does a Balanced Process Lead to Cooperative Judges?JUDGING AND THE APPOINTMENT PROCESSWho Hears the Particular Appeal?CHOOSING THE PANELNo DiscretionHigh DiscretionMixed StructuresGAMING OR EFFICIENCY? RIVAL HYPOTHESES OF PANEL SETTINGMANAGERIAL PANEL SELECTIONDOES THE CHOICE OF PANELS INFLUENCE OUTCOMES OF APPEALS?STRATEGIC PANEL SELECTIONSETTING PANELSDo Judges Care About Others?OTHER JUDGES ON THE PANELA JUDGE’S ROLEFreshman JudgeThe Chief JusticeOTHER BRANCHES OF GOVERNMENTJUDGES AND OTHER ACTORSSlipping Through the Screen. How Do Courts Choose the Cases They Hear?WHO GETS TO DECIDE WHICH CASES TO HEAR?HOW DO JUDGES DECIDE WHICH CASES TO HEAR?WORKLOAD: HOW WILL ACCEPTING A PARTICULAR CASE AFFECT A JUDGE’S WORKLOAD?Cue Theory: What Kind of Case Is This?Simple Ideology: Do I Want to Overturn This Decision?Sophisticated Ideology: Can I Win?WHICH FACTORS MATTER?The Influence of the Parties on Judges. Accuracy or Affiliation?WHO IS BEFORE THE COURT?ACCURACY OR AFFILIATION?AccuracyAffiliationHOW DO JUDGES RELATE TO THE LITIGANTS?Judges Are More Likely to Vote in Favor of the Litigant with the Greatest Resources, SometimesJudges Do Not Clearly Tend to Vote in Line with Like-Minded LitigantsHOW DO JUDGES RELATE TO INTERVENERS?DO PARTIES MAKE A DIFFERENCE?Norms, Leadership, and ConsensusDO DIFFERENCES IN POLICY PREFERENCES INFLUENCE DISSENTS?Direct Measures of Ideological DifferenceDoes Complexity or Controversy Matter?HOW IMPORTANT IS WORKLOAD TO DISSENT?NORMS AND THE CHIEF JUSTICENORMS AND IDEOLOGY
 
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