The Behavior of FEDERAL JUDGES: A Theoretical & Empirical Study of Rational Choice
Author
: Lee Epstein and William M. Landes and Richard A. Posner
Subject
: Judicial process, Three Concepts of Legal Realism, Antirealism Personified, The Supreme Court
Publisher
: Harvard University Press
Summary :The analysis in this book is largely though not entirely statistical,
and we have thought it might be helpful to introduce at the outset
some technical concepts and terms in statistics that may be unfamiliar
to many readers.1 As we emphasize in the general introduction, we want
this book to be accessible to judges, lawyers, law professors, law students,
and others who are not adept at statistical analysis, as well as to those
members of the legal profession who are, and of course to social scientists.
We also explain conventions we use to make our analysis at once
clear and compact.
A good deal of our analysis involves testing hypotheses about the relations
between a dependent
variable (what we are trying to explain—for
example, the ideological valence of judicial votes) and an independent
variable or variables (what our theory suggests may explain the dependent
variable—for example, judges’ ideological leanings, workloads, and
interactions with colleagues). Sometimes we summarize the strength of
the relation with a statistic called the correlation coefficient
(r) or, more commonly, r-squared
(that is, r multiplied by itself—usually, and by us in
this book, written R2). An r of .5 or, equivalently, an R2 of .25 between
judges’ ideology and their votes would indicate that judges’ ideology explained
25 percent of the variation in votes.
Multiple regression analysis, which we use extensively, enables the
separate effect of each independent
variable on the dependent
variable to
be estimated. Thus we can estimate, for example, whether judges’ ideology
affects judicial votes separately from the effect of other variables on
their votes, such as workload.
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