Nice when science confirms the class aspects of the US legal system
Law and Economics
we find that, post Manne attendance, judges render conservative verdicts in economics-relevant cases. Further, using the 100% sample of machine-coded circuit cases, we find that Manne attendees subsequently are more likely to rule against regulatory agencies, for example theand . Next we look at criminal sentencing in the district courts. We find that Manne attendance is associated with harsher prison sentences imposed. We show that the difference in sentencing harshness between Manne and non-Manne judges is highest after the 2005 Booker decision gave more discretion to judges in sentencing.
Law and economics' key criticism of regulatory policies is that they have perverse, unintended economic consequences. In the domain of labor regulation, law and economics scholars (and judges) wrote extensively against New Deal labor law and union protections …. Inregulation, almost all environmental regulations can be construed as a form of government expropriation that limits how property owners can develop their property. Reliance on economic analysis in antitrust has attained nearly complete consensus.
The influence of economics on legal thought is, in part, due to a controversial economics training program for sitting judges, the Economics Institute for Federal Judges. … The course was founded and organized by Henry Manne, an influential conservative in the early law and economics movement. The institute was the the flagship program of the Law and Economics Center, the first academic research center devoted to law and economics. It was funded mainly by donations from conservative foundations and business interests. …By 1990, forty percent of federal judges had attended this program. … at least in principle, the program was billed as a non-partisan tool to help judges understand their decisions
In terms of the main lessons, the program strove for ideological balance. Both conservative and liberal economic thinkers were invited. Empirical panels could include both Orley Ashenfelter and John Lott, for example. … The instruction may have been more emphatically delivered by the conservative instructors. Manne himself (who taught part of the course) articulated the view that insider trading was economically efficient. Another instructor, Professor Goetz, defended "'Unequal' Punishment for 'Equal' Crime," arguing that discrimination in punishment can be economically efficient.
The program has a recognized conservative bias, yet the attending judges are effusive in their praise regardless of ideological standpoint. What is the impact on observed judge decisions? …We focus on two agencies the Law and Economics movement specifically criticized: the National Labor Relations Board and the Environmental Protection Agency. .. Manne judges exhibit a sharp and sudden increase in propensity to vote against federal labor and environmental regulatory agencies. … The differences-in-differences analysis … renders a consistent picture that Manne judges become more conservative after the training relative to their colleagues. …
Finally, Manne paid very careful attention to the content of the conference and to the approaches and positions of the attendees. None of the many Manne conferences that I attended were ideological directly. There was no clear or, to my mind, subterranean agenda. Nevertheless, while Manne, both in terms of content and attendees, provided for balance, he did not provide for too much balance. As befits a clever market-maker, Manne's balance was ingenious. Commonly, extremely prominent liberal economists would attend—such as Paul Samuelson or Ken Arrow. Though both are irrepressible, their positions were often cabined by topics far from familiar to them. Similarly, Manne would typically invite liberal economists to teach at his Judges' programs. His faculties uniformly showed political and ideological balance. But again, Manne was in charge of the curriculum. A liberal economist teaching supply and demand is hardly dangerous. A liberal economist becomes dangerous when addressing how to improve the world with unlimited spending of other citizens' tax monies. That, Henry Manne would never allow.
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