Author's Keywords: state supreme courts, institutions, judicial politics, state politics, torts, attitudinal model, appellate courts	Convention All Academic Convention makes running your annual conference simple and cost effective. It is your online solution for abstract management, peer review, and scheduling for your annual meeting or convention. Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf. Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets! Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more! Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering. Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more! Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches! Click here for more information.
Association: Name: American Political Science Association URL: http://www.apsanet.org
Citation: URL: http://www.allacademic.com/meta/p151950_index.html Direct Link: HTML Code:

Brace, Paul., Yates, Jeff. and Boyea, Brent. "The Effects of Case Selection, Judge Ideology, and Institutional Structure in Tort Litigation in State Supreme Courts" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2008-12-11 <http://www.allacademic.com/meta/p151950_index.html>

Brace, P. , Yates, J. and Boyea, B. D. , 2006-08-31 "The Effects of Case Selection, Judge Ideology, and Institutional Structure in Tort Litigation in State Supreme Courts" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <PDF>. 2008-12-11 from http://www.allacademic.com/meta/p151950_index.html

Publication Type: Proceeding Abstract: There are two enormously influential perspectives on courts that offer fundamentally different predictions about court outcomes and the effects of judge ideology on those outcomes. Well-known to political scientists studying courts, the ideological voting (VI) literature argues that judge ideology is a strong predictor of court outcomes and that those outcomes should be proximate to the policy preferences of courts. Less known to political scientists but highly influential, the law and economics perspective (LE) focuses on settlement behavior of litigants who try to minimize costs and thus estimate likely outcomes in court, and settle pre-trial, simpler cases. Because of this case selection process, only complex or difficult cases make it to trial with win-rates coalescing at fifty percent for plaintiffs or defendants. From this perspective, litigant strategies cancel out the effects of judge ideology and the court outcomes do not correspond to judges’ ideological preferences. We reconcile these perspectives by examining tort cases in state supreme courts from 1995 through 1998. The contrasting perspectives stem from the fundamental institutional processes upon which each perspective is based. The LE perspective dominates in states without lower appellate courts. The process of appeal in state supreme courts without discretionary dockets is litigant-driven, with win-rates hovering at fifty percent and deviations from that norm accounted for by forces influencing litigant uncertainty. The ideological voting predicted by the VI literature occurs primarily in the context of state supreme court strategic reversals of lower appellate court decisions---a process commensurate that operating with the U.S. Supreme Court. When it comes to judicial outcomes, institutional structure is a critical element shaping the influence of litigants and judge ideology.

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