Bargaining on Multi-Member Courts
نویسندگان
چکیده
We present a simple sequential bargaining model of a collegial court, analogous to Baron and Ferejohn’s sequential bargaining model of a legislature. However, the model incorporates critical features of appellate court jurisprudence — including disposition votes and coalitions, opinion assignment, opinion writing, and voting over draft opinions to create a majority opinion —so that it is indeed a model of a high appellate court like the US Supreme Court and the US Courts of Appeals, rather than a model of a legislature or a jury. Case location and dispositional voting split the Court into two groups, a dispositional majority and a dispositional minority; bargaining over opinion content occurs only among those judges in the dispositional majority. Within that group, an assignment advantage arises endogenously in the model. Conditional on assignment, policies are often non-median, both within the Court as a whole and within the dispositional majority.
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