The Judicial Expert in a Two-Tier Hierarchy

Yves Oytana

Journal of Institutional and Theoretical Economics (JITE), 2014, vol. 170, issue 3, 537-570

Abstract: We study how the presence of biased expertise influences judicial decision-making. When an appeals-court judge's decision depends only on the information he gets about the expertise proceedings, a perfectly separating equilibrium may arise in which the losing litigant appeals only if the trial-court judge's decision is incorrect. Surprisingly enough, an increase in the probability that the expertise is biased and a decrease in the level of scrutiny of the appeals court may be beneficial. When the appeals-court judge uses a Bayesian mechanism to make his decision, a perfectly separating equilibrium never exists.

JEL-codes: D81 K41 (search for similar items in EconPapers)
Date: 2014
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Citations: View citations in EconPapers (10)

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Working Paper: The Judicial Expert in a Two-Tier Hierarchy (2014)
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DOI: 10.1628/093245613X14017020626304

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