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Judges, Lawyers, and a Predictive Theory of Legal Complexity

Barton, Benjamin H. - 2008

This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared backgrounds of lawyers and judges. In America every law-making judge has a single unifying characteristic, each is a former lawyer. This shared background has powerful and...

Persistent link: https://www.econbiz.de/10012724263

Federal Judge Ideology : A New Measure of Ex-Ante Litigation Risk

Huang, Allen - 2019

Drawing on the political theory of judicial decision making, our paper proposes a new and parsimonious ex ante litigation risk measure: federal judge ideology. We find that judge ideology complements existing measures of litigation risk based on industry membership and firm characteristics....

Persistent link: https://www.econbiz.de/10012899443

Measuring Maximizing Judges : Empirical Legal Studies, Public Choice Theory, and Judicial Behavior

Shepherd, Joanna - 2012

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...

Persistent link: https://www.econbiz.de/10014178620

Are Appointed Judges Strategic Too?

Shepherd, Joanna - 2012

judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of … politicians could never be truly independent. Because the judiciary could function as a check and balance on the other … truly independent judiciary. Using a data set of virtually all state supreme court decisions from 1995-1998, this Article …

Persistent link: https://www.econbiz.de/10014178623

Federal Judge Ideology : A New Measure of Ex Ante Litigation Risk

Huang, Allen; Hui, Kai Wai; Li, Reeyarn Zhiyang - 2022

Persistent link: https://www.econbiz.de/10013405200

Strategic Judicial Preference Revelation

Bustos, Álvaro E. - 2020

We examine the revelation of preferences of justices whose true ideologies are not known at the moment of entering the Court but gradually become apparent through their judicial decisions. In the context of a two-period President-Senate-Court game – generalizing Moraski and Shipan (1999) –...

Persistent link: https://www.econbiz.de/10012857291

Determinants of in-court settlements : empirical evidence from a German trial court

Berlemann, Michael; Christmann, Robin - 2014

Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which factors have a significant impact on the decision to settle...

Persistent link: https://www.econbiz.de/10010489252

Determinants of in-court settlements empirical evidence from a German trial court

Berlemann, Michael; Christmann, Robin - 2014

Persistent link: https://www.econbiz.de/10011810717

Evaluating Juries by Comparison to Judges : A Benchmark for Judging?

Robbennolt, Jennifer K. - 2005

Proposals to substitute judicial decisionmaking for that of the jury or to make other jury reforms have been put forth without a clear understanding of the similarities and differences in how juries and judges decide legal cases. Compared to the extensive study of the decisionmaking of jurors...

Persistent link: https://www.econbiz.de/10014064041

Vacancy in Justice : Analyzing the Impact of Overburdened Judges on Sentencing Decisions

Best, Jason; Tiede, Lydia Brashear - 2015

threats to the federal judiciary by overburdening judges. Scholars, in turn, are divided as to whether pressure on judges …

Persistent link: https://www.econbiz.de/10014147128