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Are judges biased by labor market conditions?

Ichino, Andrea and Polo, Michele and Rettore, Enrico (2003) Are judges biased by labor market conditions? European Economic Review, Vol. 47 (5), p. 913-944. ISSN 0014-2921. Article.

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DOI: 10.1016/S0014-2921(02)00269-6

Abstract

When a firing litigation is taken to court, only the characteristics of the employee's misconduct should be relevant for the judge's decision. Using detailed data from an Italian bank and aggregate macro data, this paper shows that, instead, local labor market conditions influence the court's decision: The same misconduct episode may be considered sufficient for firing in a tight labor market but insufficient otherwise. We reach this conclusion after taking carefully into consideration the non-random selection of firing litigations for trial. Although these results refer to the specific situation considered, they raise more general issues. For macroeconomists they suggest that higher unemployment rates may increase firing costs via the effect on courts’ decision criteria; thus, the real extent of firing rigidities cannot be assessed without considering the role of courts. For labor law scholars, these findings are important because, following traditional principles, the law should be applied in the same way for all citizens and over the entire national territory.

Item Type:Article
ID Code:2842
Status:Published
Refereed:Yes
Uncontrolled Keywords:Internal labor relations, conflict resolutions, firing costs
Subjects:Area 13 - Scienze economiche e statistiche > SECS-P/01 Economia politica
Divisions:001 Università di Sassari > 01 Dipartimenti > Economia, impresa, regolamentazione
Publisher:Elsevier
ISSN:0014-2921
Deposited On:26 Aug 2009 16:17

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