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We develop a model that determines when and how time-consistent and forward-looking courts should set and reform legal rules (a normative theory for dynamically efficient courts). We explicitly take into account that: 1) the optimal rules most likely are not the same for all periods of time; 2)...
Persistent link: https://www.econbiz.de/10005002716
We study the economic and legal implications of the enactment of caps on noneconomic damages on parties in conflict who know that state supreme courts may strike down the caps as unconstitutional within a few years of enactment. We develop a simple screening model where parties have symmetric...
Persistent link: https://www.econbiz.de/10005002719
Even justices who have already decided to retire may not wish to make that information public immediately. Strategically shaping perceptions of their own retirement possibilities can maximize justices' chances of leaving behind a Court with an ideology aligned with their own ideologies. An...
Persistent link: https://www.econbiz.de/10010774227
We examine the revelation of preferences of justices whose true ideologies are not known at the moment of entering the Court but gradually become apparent through their judicial decisions. In the context of a two-period President-Senate-Court game — a generalization of Moraski and Shipan...
Persistent link: https://www.econbiz.de/10008764545