Peer Reviewed Article

Why Do Courts Delay?

Authors
  • Deborah Beim
  • Tom S. Clark
  • John W. Patty
Published
December 31, 2017
Publication
Journal of Law and Courts
Discipline
Areas of Study
Geographic Areas
Document Control Number(s)
  • ISPS 18-03
Citation

Beim, Deborah, Tom S. Clark, and John W. Patty (2017). Why Do Courts Delay? Journal of Law and Courts, 5(2): 199-241. DOI: 10.1086/692907.

Abstract

Answering one question often begets another. We present a decision-theoretic model that describes how this affects the sequencing of decisions over time. Because answering an easy question may raise a more difficult one, a rational judge may delay resolution even if he has perfect information about the correct decision. Furthermore, because otherwise unrelated questions may raise similar follow-ups, he may optimally clump decisions together. Our theory thus generates an endogenous economy of scale in dispute resolution and contributes to the literature on punctuated equilibrium theory. We illustrate the results of our model with a case study from legal history in the United States.

Description

Supplemental:

Full original article