What Do Federal District Judges Want? An Analysis of Publications, Citations, and Reversals

Stephen J. Choi, Mitu Gulati and Eric A. Posner

The Journal of Law, Economics, and Organization, 2012, vol. 28, issue 3, 518-549

Abstract: Evidence from a data set of federal district judges from 2001 and 2002 suggests that district judges adjust their opinion-writing practices to minimize their workload while maximizing their reputation and chance for elevation to a higher court. District judges in circuits with politically uniform circuit judges are better able to predict what opinions will get affirmed by the circuit court, leading to higher publication rates and a higher affirmance rate. In contrast, district judges in circuits with politically diverse circuit judges are less able to predict the preferences of the reviewing circuit court panel, leading district judges to publish fewer but higher-quality opinions in an effort to maximize their affirmance rate (JEL K40, K41, K49). The Author 2011. Published by Oxford University Press on behalf of Yale University. All rights reserved. For Permissions, please email: journals.permissions@oup.com, Oxford University Press.

Date: 2012
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