Ideas Have Consequences: The Impact of Law and Economics on American Justice
Abstract
This paper provides a quantitative analysis of the effects of the early law and-economics movement on the U.S. judiciary. We focus on the Manne Economics Institute for Federal Judges, an intensive economics course that trained almost half of federal judges between 1976 and 1999. Using the universe of published opinions in U.S. Circuit Courts and 1 million District Court criminal sentencing decisions, we estimate the difference-in-differences effect of Manne program attendance using judge fixed effects. Selection into attendance was limited - the program was popular across judges from all backgrounds, was regularly oversubscribed, and admitted judges on a first-come first-served basis - and we further adjust for machine-learning-selected covariates predicting the timing of attendance. We nd that after attending economics training, participating judges use more economics language in their opinions, issue moreconservative decisions in economics-related cases, rule against regulatory agencies more often, favor more lax enforcement in antitrust cases, and impose more/longer criminal sentences. The law-and-economics movement had policy consequences via its influence in U.S. courts, showing that theoretical legal ideas can directly influence economic policies by persuading federal judges.