Ideas Have Consequences: The Impact of Law and Economics on American Justice

Abstract

This paper provides a quantitative analysis of the eects of the early law and economics movement on the U.S. judiciary. Using the universe of published opinions in U.S. Circuit Courts and 1 million District Court criminal sentencing decisions linked to judge identity, we estimate the eect of attendance in the con- troversial Manne economics training program, an intensive course attended by almost half of federal judges between 1976 and 1999. After attending economics training, participating judges use more economics language, render more conser- vative verdicts in economics cases, rule against regulatory/taxation agencies more often, and impose longer criminal sentences. These results are robust to adjusting for a wide variety of covariates that predict the timing of attendance. Non-Manne judges randomly exposed to Manne peers on previous cases increase their use of economics language in subsequent opinions, suggesting economics ideas diused throughout the judiciary.

JEL codes

Reference

Elliott Ash, Daniel L. Chen, and Suresh Naidu, “Ideas Have Consequences: The Impact of Law and Economics on American Justice”, TSE Working Paper, n. 22-1392, December 2022.