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

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

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Title: The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993
Author: Ramseyer, J. Mark; Rasmusen, Eric B.

Note: Order does not necessarily reflect citation order of authors.

Citation: J. Mark Ramseyer & Eric Bennett Rasmusen, The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993, 154 U. Pa. L. Rev. 1879 (2006).
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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.
Published Version: https://www.law.upenn.edu/journals/lawreview/articles/volume154/issue6/RamseyerRasmusen154U.Pa.L.Rev.1879%282006%29.pdf
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=869757
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12047932
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