This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically...

We consider the relative robustness of libertarian anarchy and liberal democracy to meddlesome preferences. Specifically, we examine how the liberty of those wishing to engage in externally harmless activities is affected by people who wish to prevent them from doing so. We show that intense,...

This article--designed to give readers unfamiliar with public choice a historical overview and flavor for the kinds of problems considered--is divided into three main sections, "historical origins," the "modern founders of MPE," and a brief description of some "current issues" studied by public...

Public Choice research and the growth of government show a marked paradox: While the importance of Public Choice has declined, the importance of the public sector has grown. This paper empirically presents the development of Public Choice over time using several different measurement approaches....

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such...

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...

Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...

In this brief Article, I explore the growing empirical evidence in support of the public choice model of judicial decision making. Although legal scholars have traditionally been reluctant to engage in a critical inquiry into the role of judicial self-interest on judicial behavior, recent...

Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate...

This paper studies the strategic foundations of the Representative Voter Theorem (Rothstein, 1991), also called the second version of the Median Voter Theorem. As a by-product, it also considers the existence of non-trivial strategy-proof social choice functions over the domain of...