“New papers by Elliot Ash (ETH Zurich), Daniel L. Chen (Toulouse School of Economics), and South Economics on American Justice.” From their summary:
After participating in economics training, we find that participating judges use more economic language in their opinions, more frequently use rules for regulatory agencies, and more severe criminal penalties. We argue that economics as a strict social science was particularly effective in persuading judges.
The Manne Economics Institute for Federal Judges is a long-term program launched by Henry Manne in 1976, introducing the judges to economic reasoning. That continues to this day. This is a modern incarnation run by the Law & Economics Center of Antonin Scalia Law School.[1] Importantly, it is important to note that the given lectures and participants were nonpartisan. Both Republican and Democrats were featured and were selected on a first-come, first-served basis. Additionally, lectures were given by well-known economists such as Milton Friedman, Paul Samuelson, Almen Archian, Harold Demsetz, Ollie Ashenfelter and Martin Feldstein. Imagine learning economics from that lineup! Two Nobel Prize winners (Samuelson, Friedman), two who should win the Nobel Prize (Archian, Demsetts), and two who can win the Nobel Prize (Ashenfelter, Feldstein).
Man’s efforts to break down silos between disciplines stand as evidence of the importance of disciplinary engagement. Judges continue to use new insights in their rulings and influence modern opinion. Furthermore, the class helped the judges to clarify the economic arguments. As recently as the great Ruth Bader Ginsberg said, the class “lifts.”[ed] veils of mystery, such as lift analysis (see page 7 of the linked paper). If expert testimony is obscure and technical, it has little effect on the judge.[2]which allows them to improve the quality of their arbitration and reduce their reliance on non-judicial factors.
Specialization of knowledge (natural recognition of the labor sector) is wonderful. Just like in the Labor Department, knowledge specialization deepens the knowledge base and brings more and more profitable. However, we need to be aware of the interaction of knowledge. You can gain insights from all kinds of fields. This empirical test of the Manne program supports the need to disassemble the silo and refuse to “just stay in your lane.” way of thinking
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[1] Full disclosure: LEC also longs parallel programs called Professor of Economics at the Institute of Law. I joined the program this June.
[2] This ratio comes from a 2010 paper by Roger Copple and E. James Cowan. (Political and Economic Review 22(2): 235-262
