Judicial Behavior

December 2022

Outline & Readings
Notes:
1. These are recommended readings. Don't worry if you can't get to all of them before the start of the course.
2. This is hardly an inclusive list of the many studies on judicial behavior. If you are interested in additional readings, please contact me.

An Introduction to the Study of Judicial Behavior I
(December 12)
1. Evolution of the Field
2. About the Course
3. The Building Blocks of the Study of Judicial Behavior

3.1 Theories of Why Judges Make the Choices They Do

3.2 Data to Test the Theories

Readings (for December 12 and December 13)
• Lee, Epstein, Urška Šadl, & Keren Weinshall. 2021. “The Role of Comparative Law in the Analysis of Judicial Behavior,” 69 American Journal of Comparative Law 689.
• Lee Epstein, William M. Landes & Richard A. Posner. 2013. The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Cambridge, MA: Harvard University Press. pp. 25-50.
•Lee Epstein & Keren Weinshall. 2021. The Strategic Analysis of Judicial Behavior: A Comparative Perspective. Cambridge, UK: Cambridge University Press.
•Moses Shayo & Asaf Zussman, "Judicial Ingroup Bias in the Shadow of Terrorism," 126 Quarterly Journal of Economics 1447 (2011)


An Introduction to the Study of Judicial Behavior II
(December 13)
1. (Finish) The Building Blocks of the Study of Judicial Behavior
2. A Look at Some of the Topics Under Analysis

Readings (see above)


Conference on Comparative Judicial Behavior
(December 14, 15)

The conference program is here. Please attend at least one session each day.

  • On December 14, you have the option of attending one of the following sessions:

    • 13:30-15:30 Relations Within, Between, and Among Courts (Room 530) or Courts and Government (Room 521)

    • 16:00-17:30: Staffing the Courts (Room 530) or Advocacy, Litigation, and Appellate Review 1 (Online panel, screened in Room 520)

    • 17:30-19:00: Relations Within, Between, and Among Courts 2 (Room 530) or Advocacy, Litigation, and Appellate Review 2 (Room 521)

    • 17:45-19:15: Opinions (Room 530), Courts and Society (online panel; can be viewed in Room 521)

  • On December 15, you can attend any panel(s) that interests you.

We'll discuss your impressions on December 18.

Wrap Up and Forward Movement
(December 18)

1. (If necessary) Finish discussion of topics
2. Reflections on the conference and the comparative study of judicial behavior
3. What's next? Where should we go from here?