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Drawing on the political theory of judicial decision making, our paper proposes a new and parsimonious ex ante … litigation risk measure: federal judge ideology. We find that judge ideology complements existing measures of litigation risk … judge ideology on litigation risk is greater for firms with more sophisticated shareholders and with higher expected …
Persistent link: https://www.econbiz.de/10012899443
The decision making of judges is prone to error and misapprehension. Consequently, the prevailing literature ties the economic function of courts to dispute resolution and minimization of rule making costs. In contrast to previous research, this analysis applies a contract theoretic perspective...
Persistent link: https://www.econbiz.de/10009161860
. Standard theory would want judges to rationally deal with the limitations of the evidence. We posit that this is not only …
Persistent link: https://www.econbiz.de/10011349372
I discuss in this article Judge Posner's decision in Kikalos v. United States, 400 F.3d 908 (7th Cir. 2005). I open with the following:I am a Judge Posner fan. My vantage point is tax procedure and tax crimes, areas in which I practice and teach as an adjunct at the University of Houston Law...
Persistent link: https://www.econbiz.de/10013103713
This article uses insights from cognitive psychology to contrast judge-made law with legislative and executive policy-making. I argue that the predominant narrow conception of reason and rationality have led to overly optimistic views of deliberate policymaking at the expense of traditional...
Persistent link: https://www.econbiz.de/10013000365
This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared …
Persistent link: https://www.econbiz.de/10012724263
Historically, people have often expressed negative feelings toward speculators, a sentiment that might have even been reinforced since the latest financial crisis, during which taxpayer money was warranted or spent to bail out reckless investors. In this paper, we conjecture that judges may also...
Persistent link: https://www.econbiz.de/10012892211
Scientific, statistical, and economic models are often crucial in legal fact-finding. Competing models yielding different inferences may represent the same phenomenon. This article studies the judgment of models in legal fact-finding, in particular where competing models and inferences must be...
Persistent link: https://www.econbiz.de/10013002546
. Standard theory would want judges to rationally deal with the limitations of the evidence. We posit that this is not only …
Persistent link: https://www.econbiz.de/10013014221
Persistent link: https://www.econbiz.de/10012994608