Similar Search Results

Chapter 3 : What Do Judges Want? How to Model Judicial Preferences

Cameron, Charles M. - 2017

book-in-progress on the positive political theory of courts …

Persistent link: https://www.econbiz.de/10012955088

Attorneys' Fees in Class Actions : 2009-2013

Eisenberg, Theodore - 2017

We study attorney fee awards in 458 class action settlements reported in the five years from 2009-2013. Despite the financial crisis and its many effects on our national life, little has changed in class action attorneys' fees. Average percentage fees are in line with prior studies. The key...

Persistent link: https://www.econbiz.de/10012964830

Law and Economics versus Economic Analysis of Law

Miller, Geoffrey P. - 2011

This paper distinguishes law and economics – conceived as an equal partnership between two disciplines – and economic analysis of law, conceived as the application of economic reasoning to legal rules and institutions. I explore the difference by contrasting Robert Aumann's economic analysis...

Persistent link: https://www.econbiz.de/10013127480

Economic 'Necessity' in International Law

Sykes, Alan - 2015

Recent investment litigation against Argentina focuses attention on the necessity defense in customary international law and related provisions in investment treaties. This paper considers, from an economic standpoint, the question of when exigent economic circumstances might create conditions...

Persistent link: https://www.econbiz.de/10013027203

Economics of Ancient Law

Miller, Geoffrey P. - 2010

The economic analysis of ancient law assumes that neither human nature nor the fundamental problems of economic organization were substantially different in ancient times than they are today. Given those assumptions, ancient social organization, including ancient law, can be analysed in economic...

Persistent link: https://www.econbiz.de/10013139239

Chapter 2 : What Courts Do . . . And How to Model It

Cameron, Charles M. - 2017

.This essay is a draft chapter of a book-in-progress on the positive political theory of courts …

Persistent link: https://www.econbiz.de/10012955091

From Courts to Arbitration : Arbitration's Confidentiality Advantage

Lu, Yijia - 2020

This paper points out an intrinsic inefficiency in contemporary courts: courts adjudicate publicly, leading to deadweight loss in the form of reputational damages. I build a model to show that arbitration can circumvent this inefficiency by affording disputants a renegotiation opportunity...

Persistent link: https://www.econbiz.de/10012848051

Pro Bono Is Pro, Low Bono is Low : Qualitative and Quantitative Analysis of Lawyers’ Legal Aid Participation

Hsu, Ching-Fang - 2020

This article develops a theory on the legal profession's participation in providing services to indigent clients. Our … theory is based on two factors: whether lawyers have successful practices, and whether the legal aid delivered to indigent …

Persistent link: https://www.econbiz.de/10012850150

Bargaining and Strategic Voting on Appellate Courts

Parameswaran, Giri - 2019

We explore the properties of voting rules and procedures employed by appellate courts in the US. Our model features: (1) a two-stage decision-making process (first over case disposition, then over majority opinion content), (2) dispositional consistency (the new rule must yield the Court's...

Persistent link: https://www.econbiz.de/10012869321

Rational Choice Attitudinalism? A Review of Epstein, Landes and Posner's The Behavior of Federal Judges : A Theoretical and Empirical Study of Rational Choice

Cameron, Charles M. - 2015

way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP's theory is only … almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology … this disconnection between ELP's theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin …

Persistent link: https://www.econbiz.de/10013018057