WHY (AND WHEN) JUDGES DISSENT: A THEORETICAL AND EMPIRICAL ANALYSIS

ABSTRACT This paper develops and tests a model of self-interested judicial behavior to explore the phenomenon of judicial dissents, and in particular what we call ‘‘dissent aversion,’’ which sometimes causes a judge not to dissent even when he disagrees with the majority opinion.We examine dissent aversion using data fromboth the federal courts of appeals and the U.S. Supreme Court…