Learning in the Judicial Hierarchy
نویسنده
چکیده
I argue the Supreme Court learns to craft legal rules by relying on the Courts of Appeals as laboratories of law, observing their decisions and reviewing those that best inform legal development. I develop a model that shows how the Supreme Court leverages multiple Courts of Appeals decisions to identify which will be most informative to review, and what decision to make upon review. Because an unbiased judge only makes an extreme decision when there is an imbalance in the parties’ evidence, the Supreme Court is able to draw inferences from cases it chooses not to review. The results shed light on how hierarchy eases the inherent difficulty and uncertainty of crafting law and on how the Supreme Court learns to create doctrine. ∗I thank Chuck Cameron, Brandice Canes-Wrone, Tom Clark, Justin Fox, John Kastellec, Lewis Kornhauser, Adam Meirowitz, Kelly Rader, Jim Rogers, Eric Dickson, anonymous reviewers, and seminar participants at Emory University, New York University, Princeton University and the 2012 conference of the Midwest Political Science Association for helpful comments. Shikhar Singh provided invaluable research assistance.
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