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This Essay explores which legal precedent judges choose to support their decision. When describing the legal landscape in a written opinion, which precedent do judges gravitate toward? We examine the idea that judges will gravitate toward citing “friendly” precedent. A friendly precedent,...
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"The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
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