PSRW

PSRW | Political Science Research Workshops

Please join us on Fridays for the Political Science Research Workshop (PSRW).

PSRW provides an opportunity for faculty and graduate students to present and receive feedback on their work. Article manuscripts, dissertation chapters, book proposals, job market papers, and dissertation proposal drafts comprise the bulk of our presentations. Students who are on the job market and anticipate interviews in the near future may also present a practice job talk.

Upcoming Talk:

Jasper Neath

Political Science PHD Candidate (Purdue University)

"Persuading the US Court of Claims"

Friday, March 6th 1:30-2:30 PM

Beering Hall 1255

Abstract

Judges rely heavily on information supplied by litigants, yet most empirical research

on judicial persuasion focuses on apex courts, leaving unclear whether existing theories

generalize to the trial courts where most adjudication occurs. We draw on novel data

to examine the influence of briefs on the U.S. Court of Claims (1893-1929), an important

trial court that decides monetary claims against the federal government. We use

text-as-data approaches to capture brief quality and information uptake by the court.

Consistent with theories of persuasion, we find that clearer and less complex briefs are

more likely to win. Yet, contrary to expectations derived from apex courts, the content

of judicial opinions more closely resembles the losing party’s brief than that of the winning

party. We argue that this pattern reflects reversal aversion and the informational

demands of trial-level adjudication, where judges must justify rejecting arguments for

potential reviewing courts. By shifting attention to a court of first instance, the paper

demonstrates that the effects of advocacy and the ways judges incorporate information

in their decisions are conditioned by institutional position within the judicial hierarchy.