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Indiana University Bloomington

BEPP

The Kelley Advantage

The department is home to the authors of Managerial Economics and Business Strategy and Games and Information: An Introduction to Game Theory, two of the nation’s leading textbooks in the field.

Research and Publications

Journal Articles

The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993

2006, University of Pennsylvania Law Review

J. Mark Ramseyer, Eric Bennett Rasmusen

Abstract

Although the executive branch appoints Japanese Supreme Court justices as it does in the United States, a personnel office under the control of the Supreme Court rotates lower court Japanese judges through a variety of posts. This creates the possibility that politicians might indirectly use the postings to reward or punish judges. For forty years, the Liberal Democratic Party (LDP) controlled the legislature and appointed the Supreme Court justices who in turn controlled the careers of these lower-court judges. In 1993, it temporarily lost control. We use regression analysis to examine whether the end of the LDP's electoral lock changed the court's promotion system, and find surprisingly little change. Whether before or after 1993, the Supreme Court used the personnel office to "manage" the careers of lower court judges. The result: uniform and predictable judgments that economize on litigation costs by facilitating out-of-court settlements. Available in ms- word or pdf ( http://www.rasmusen.org/published/rasmusen-06-ramseyer-jpn1993.pdf).

Citation

Rasmusen, Eric Bennett and J. Mark Ramseyer (2006), "The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993," University of Pennsylvania Law Review, Vol. 154, No. 6,  June, 1879-1930.