Showing 1 - 6 of 6
We discuss a central question in the study of courts: What do judges want? We suggest three different domains that might serve as the basic preferences of a judge: case dispositions and rules, caseloads and case mixes, and social consequences. We emphasize preferences over dispositions on the...
Persistent link: https://www.econbiz.de/10012955088
We review the basic building blocks of the case-space approach to modeling courts, particularly cases, dispositions, and rules. We provide numerous examples of case spaces. We clarify the policy-making actions of courts, distinguishing statutory interpretation, review of agency rule-making on...
Persistent link: https://www.econbiz.de/10012955091
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
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 clients is free or below market price. Pro bono signals...
Persistent link: https://www.econbiz.de/10012850150
This essay reviews Epstein, Landes, and Posner's The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology...
Persistent link: https://www.econbiz.de/10013018057
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