Strategic Judicial Decision Making

22 Pages Posted: 24 Aug 2007 Last revised: 26 Nov 2022

See all articles by Pablo T. Spiller

Pablo T. Spiller

University of California, Berkeley - Business & Public Policy Group

Rafael Gely

University of Missouri School of Law

Date Written: August 2007

Abstract

This survey paper starts from the basic, and intuitive, assumption that judges are human and as such, can be modeled in the same fashion we model politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. We explore, then, the role politics play in judicial decision-making. We provide a brief overview of what is called the "strategic approach," compare it to alternative approaches to understand judicial behavior, and offer some concluding thoughts about the future of positive analyses of judicial decision-making.

Suggested Citation

Spiller, Pablo T. and Gely, Rafael, Strategic Judicial Decision Making (August 2007). NBER Working Paper No. w13321, Available at SSRN: https://ssrn.com/abstract=1008815

Pablo T. Spiller (Contact Author)

University of California, Berkeley - Business & Public Policy Group ( email )

545 Student Services Building
Berkeley, CA 94720
United States
510-642-1502 (Phone)
510-642-2826 (Fax)

Rafael Gely

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States

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