Bargaining and Opinion Assignment on the US Supreme Court
构建了一个博弈论模型,分析美国最高法院大法官在撰写判决意见时的谈判过程,解释意见分配如何影响政策结果,对研究司法决策和政治学的学者有参考价值。
We formulate a new game-theoretic model of bargaining on the US Supreme Court. In the model, a degree of monopoly power over policy endogenously accrues to the assigned writer despite an “open rule” permitting other justices to make counteroffers. We assume justices are motivated ultimately by a concern for judicial policy, but that the policy impact of an opinion depends partly on its persuasiveness, clarity, and craftsmanship—its legal quality. The effort cost of producing a high-quality opinion creates a wedge that the assignee can exploit to move an opinion from the median without provoking a winning counteroffer. We use this bargaining model as the foundation for a formal analysis of opinion assignment. Both the bargaining and opinion assignment models display rich and tractable comparative statics, allowing them to explain well-known empirical regularities, as well as to generate new propositions, all within a unified and internally consistent framework.