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well. This paper proposes a positive theory for judicial torture. It is shown that torture reflects the magistrate …
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The sentencing decisions of trial judges are constrained by statutory limits imposed by legislatures. At the same time, judges in many states face periodic review, often by the electorate. We develop a model in which the effects of these features of a judge's political landscape on judicial...
Persistent link: https://www.econbiz.de/10012716271
We model legal doctrine as an instrument of political control by higher courts over lower courts and the case outcomes they produce. We focus on the choice between determinate and indeterminate doctrines within a hierarchy of courts where political-ideological alignment between lower and higher...
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I examine how peremptory challenges, which are vetoes that attorneys may use on prospective jurors, affect jury composition. The purpose of peremptory challenges is to eliminate biased jurors, however I show that under the two most common rules used in the United States peremptory challenges...
Persistent link: https://www.econbiz.de/10013030190
Disputes over penalties for breach of contract are often solved in court. A simple model shows how inefficient courts may induce public buyers to refrain from enforcing penalties for late delivery to avoid litigation, inducing sellers to delay. Using a large dataset on Italian public...
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