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Appointed Courts, Elected Courts, and Public Utility Regulation: Judicial Independence and the Energy Crisis

Published online by Cambridge University Press:  20 January 2017

F. Andrew Hanssen
F. Andrew Hanssen*
Affiliation:
Montana State University
*
Department of Agricultural Economics and Economics, Montana State University, Bozeman, MT 59717, USA. Tel: (406) 994-3701; E-mail: [email protected]
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Abstract

This paper investigates the importance of variations in judicial institutions after a ‘shock’ has unraveled a regulatory status quo. State court decisions involving utility regulation are examined. Appointed state courts are generally agreed to be more independent than elected state courts. Before 1970, the primary participants in the process of utility regulation (and thus its largest beneficiaries) were the regulated firms and their commercial customers; afterwards, utility regulation increasingly accommodated consumer groups as well. Certain scholars have proposed that independent courts help keep administrative agencies from deviating from the original wishes of their political principals, and thus might be expected to slow down such changes in regulatory approach (which occurred with few alterations to the governing statutes). Other scholars have proposed instead that independent courts can decide as discretion dictates, and may thus lead such changes. The results of this analysis provide support for the latter view: controlling for other factors (such as partisan affiliation), more independent appointed courts sided more often with consumer groups while less independent elected courts sided more often with regulated firms and their large commercial customers.

Type
Research Article
Information
Business and Politics , Volume 1 , Issue 2 , August 1999 , pp. 179 - 201
Copyright
Copyright © V.K. Aggarwal 1999 and published under exclusive license to Cambridge University Press 

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References

Anderson, Douglas D. 1980. State Regulation of Electric Utilities edited by Wilson, J. In The Politics of Regulation, New York: Bantam Books.Google Scholar
Alfini, James J. and Brooks, Terrence J. 1989. Ethical Constraints on Judicial Election Campaigns: a Review and Critique of Canon 7. Kentucky Law Journal, 77: 671–722.Google Scholar
Baum, Lawrence. 1983. The Electoral Fate of Incumbent Judges in the Ohio Court of Common Pleas. Judicature 66: 420.Google Scholar
Berkson, Larry C. 1981. Judicial Selection in the United States. Chicago: American Judicature Society.Google Scholar
Bolton, Craig J. and Meiners, Roger E. 1986. The Politicization of the Electric Utility Industry. In Electric Power: Deregulation and the Public Interest, edited by Moorhouse, John C. San Francisco: Pacific Studies in Public Policy.Google Scholar
Brace, Paul R. and Hall, Melinda Gann. 1997. The Interplay of Preferences. Case Facts, Context, and Rules in the Politics of Judicial Choice. The Journal of Politics 59: 1206–1231.Google Scholar
Dubois, Phillip. 1980. From Ballot to Bench: Judicial Elections and the Quest for Accountability. Austin: University of Texas Press.Google Scholar
Elder, Harold W. 1987. Property Rights Structures and Criminal Courts: An Analysis of State Criminal Courts. International Review of Law and Economics 7: 21–32.Google Scholar
Frank, Stephen I. 1980. The Oversight of Administrative Agencies by State Supreme Courts. Administrative Law Review 32: 477–500.Google Scholar
Gely, Rafael and Spiller, Pablo T. 1990. A Rational Choice Theory of Supreme Court Statutory Decisions with Applications the State Farm and Grove City Cases. Journal of Law, Economics, and Organization 6: 263–300.Google Scholar
Glick, Henry R. and Emmert, Craig F. 1987. Selection Systems and Judicial Characteristics: The Recruitment of State Supreme Court Justices. Judicature, 70: 228–235.Google Scholar
Gormley, William T. 1983. The Politics of Public Utility Regulation. Pittsburgh: University of Pittsburgh Press.Google Scholar
Griffin, Kenyon and Horan, Michael. 1980 Merit Retention Elections: What Influences the Voters? Judicature 63: 79.Google Scholar
Haar, Charles M. 1996. Suburbs Under Siege: Race, Space, and Audacious Judges. Princeton: Princeton University Press.Google Scholar
Hall, Melinda Gann. 1987 Constituent Influence in State Supreme Courts: Conceptual notes and a Case Study. Journal of Politics 49: 1117–1124.Google Scholar
Hall, Melinda Gann and Brace, Paul R. 1996. Justices’ Response to Case Facts. American Politics Quarterly 24: 237–261.Google Scholar
Hall, William and Aspin, Larry. 1987. What Twenty Years of Judicial Retention Elections Have Taught Us. Judicature 70: 340–347.Google Scholar
Hanssen, F. Andrew. 1999a. The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus the Appointment of State Judges. Journal of Legal Studies 28: 205–232.Google Scholar
Hanssen, F. Andrew. 1999b. Independent Courts and Administrative Agencies: An Empirical Analysis of the States. Working paper. Bozeman, MT: Montana State University.Google Scholar
Heckman, James J. 1979. Sample Selection Bias as Specification Error. Econometrica 47: 153–161.Google Scholar
Higgs, Robert. 1987. Crisis and Leviathan. New York: Oxford University Press.Google Scholar
Jarrell, Greg A. 1978. The Demand for State Regulation of the Electric Utility Industry. Journal of Law and Economics 21: 269–298.Google Scholar
Jenkins, William Jr. 1977. Retention Elections: Who Wins When No One Loses? Judicature 61: 79.Google Scholar
Joskow, Paul. 1974. Inflation and Environmental Concern: Structural Change in the Process of Public Utility Regulation. Journal of Law and Economics 17: 291–328.Google Scholar
Landes, William M. and Posner, Richard A. 1975. The Independent Judiciary in an Interest Group Perspective. Journal of Law and Economics 18: 875–902.Google Scholar
Lovrich, N., Pierce, J. and Seiden, C. 1989. Citizen's Knowledge and Voting in Judicial Elections. Judicature 73: 28–33.Google Scholar
McCormick, Robert E. 1986. Inflation, Regulation, and Financial Adequacy. In Electric Power: Deregulation and the Public Interest, edited by Moorhouse, John C. San Francisco: Pacific Studies in Public Policy.Google Scholar
McCubbins, Matthew D. and Schwartz, Thomas. 1984. Congressional Oversight Overlooked: Police Patrols versus Fire Alarms. American Journal of Political Science, 28: 165–179.Google Scholar
McCubbins, Matthew D., Noll, Roger G. and Weingast, Barry R. 1987. Administrative Procedures as Instruments of Political Control.’ Journal of Law, Economics, and Organization 3: 243–277.Google Scholar
De McCubbins, Matthew, Noll, Roger G. and Weingast, Barry R. 1990. Positive and Normative Models of Procedural Rights: An Integrative Approach to Administrative Procedures. Journal of Law, Economics, and Organization, 6: 307–332. Special Issue.Google Scholar
Moorhouse, John C. 1986. Introduction: The Uncertain Future of the Electric Power Industry. In Electric Power: Deregulation and the Public Interest, edited by Moorhouse, John Co. San Francisco: Pacific Studies in Public Policy.Google Scholar
Nagel, Stuart S. 1973. Comparing Elected and Appointed Judicial Systems. Beverly Hills: Sage Publications.Google Scholar
Posner, Richard A. 1993. What do Judges and Justices Maximize? (The Same Thing Everybody Else Does). Supreme Court Economic Review 4: 1–41.Google Scholar
Priest, George L. and Klein, Benjamin. 1984. The Selection of Disputes for Litigation. Journal of Legal Studies 13: 1–55.Google Scholar
Revesz, Richard. 1997. Environmental Regulation, Ideology, and the D.C. Circuit Court. Virginia Law Review 83: 1717–1772.Google Scholar
Rose-Ackerman, Susan. 1992. Rethinking the Progressive Agenda. New York: Free Press.Google Scholar
Segal, Jeffrey A. and Spacth, Harold J. 1993. The Supreme Court and the Attitudinal Model. New York: Cambridge University Press.Google Scholar
Shapiro, Martin. 1986. APA: Past, Present, Future. Virginia Law Review, 72: 447–492.Google Scholar
Spiller, Pablo T. and Spitzer, Matthew L. 1992. Judicial Choice of Legal Doctrines. Journal of Law, Economics, and Organization. 8: 8–46.Google Scholar
Spiller, Pablo T. and Spitzer, Matthew L. 1995. Where is the Sin in Sincere? Sophisticated Manipulation of Sincere Judicial Voters. Journal of Law, Economics, and Organization 7: 32–63.Google Scholar
Stigler, George J. and Friedland, Claire. 1962. What can Regulators Regulate?: The Case of Electricity. Journal of Law and Economics 5: 1–16.Google Scholar
Sunstein, Cass R. 1986. Factions, Self-Interest, and the APA. Virginia Law Review 72: 271–296.Google Scholar
Sunstein, Cass R. 1990. After the Rights Revolution. Cambridge: Harvard University Press.Google Scholar
Tabarrok, Alexander and Heiland, Eric. 1999. Court Politics: The Political Economy of Tort Awards. Journal of Law and Economics 42: 157–188.Google Scholar
Tarr, G. Alan. 1994. Judicial Process and Judicial Policymaking. St. Paul: West Publishing.Google Scholar
Tiller, Emerson H. 1998 Controlling Policy by Controlling Process: Judicial Influence on Regulatory Decision Making. Journal of Law, Economics, and Organization. 14: 114–135.Google Scholar
Wright, Gerald C., Erikson, Robert S. and Melver, John D. 1985. Measuring State Party Identification and Ideology Using Survey Data. Journal of Politics 47: 469–489.Google Scholar