年轻的联邦地区法院法官更倾向于支持总统权力

Younger Federal District Court Judges Favor Presidential Power

Journal of Law & Economics · 2020
被引 2
人大 A-ABS 3

中文导读

研究发现,1960至2015年间,美国联邦地区法院法官在涉及行政权力的案件中,随着年龄增长,支持行政权力的倾向减弱,这可能与晋升机会减少有关。

Abstract

From 1960 to 2015, opinions of US federal district court judges (trial judges) in cases involving challenges to executive branch authority show that these judges favor executive authority less as they age. We suggest that district judges know that elevation to the federal circuit court of appeals becomes increasingly improbable, and hence have less reason to cooperate with the executive, with advancing age. Political variables, seniority of judges, and other variables introduced as extra regressors do not reverse this main result, nor does it appear to be the product of cohort effects or selection off the district court. When there are contemporaneous vacancies on their circuit courts, district judges in the 11 state circuits (but not the District of Columbia Circuit) are also more likely to favor the executive.

联邦地区法官行政权力年龄效应晋升激励