Northwestern Law Legal Working Paper Series

Law and Economics Papers

 

The Judicial Signaling Game: How Judges Shape their Dockets

Tonja Jacobi, Northwestern University School of Law

Abstract

Contrary to traditional wisdom, judges are not passive receivers of their agendas. Instead, many judges attempt to shape their dockets by encouraging potential litigants to bring particular cases. This encouragement takes the form of judges signaling their own positions on an issue as well as their colleagues' expected support. This process is modeled as a signaling game, with both separating and pooling equilibria resulting. The existence of pooling equilibria is of particular interest, as it indicates some judges misrepresent the chances of success of a case in order to induce desired legislation.

Recommended Citation

Tonja Jacobi, "The Judicial Signaling Game: How Judges Shape their Dockets" (April 2005). Northwestern Law Legal Working Paper Series. Law and Economics Papers. Working Paper 6.
http://law.bepress.com/nwwps/lep/art6

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