Bulletin n. 1/2013
June 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Tom S. Clark and Jonathan P. Kastellec
    The Supreme Court and Percolation in the Lower Courts: An Optimal Stopping Model
    in Journal of Politics (The) , Volume 75 - Issue 01 ,  2013 ,  150-168
    We examine how the Supreme Court learns from lower court decisions to evaluate new legal issues. We present a theory of optimal stopping in which the Court learns from successive rulings on new issues by lower courts but incurs a cost when lower courts come into conflict with one another. The Court faces a strategic trade-off between allowing conflict to continue while it learns about a new legal issue and intervening to end a costly conflict between the lower courts. We evaluate how factors such as the quality of lower courts, the distribution of judicial preferences, and the timing of the emergence of conflict affect how the Court weighs this trade-off. We provide empirical evidence that supports one of the theory’s novel predictions: the Court should be more likely to end a conflict immediately when it emerges after several lower courts have already weighed in on a new legal issue.
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