A Theoretical and Empirical Study of Rational Choice

Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 0674067320

Category: Law

Page: 446

View: 3012

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
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Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 0674070682

Category: Law

Page: 440

View: 2014

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
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A Theoretical and Empirical Study of Rational Choice

Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 9780674049895

Category: Law

Page: 440

View: 2271

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
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Author: Lee Epstein,Andrew D. Martin

Publisher: Oxford University Press

ISBN: 0199669058

Category: Law

Page: 324

View: 6429

Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching.An Introduction to Empirical Legal Research introduces the fundamental principles of socialscience methodology that underpin sound empirical research methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentalsof understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics.Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyerscoming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.aching.
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Author: Lee Epstein,Stefanie A. Lindquist

Publisher: Oxford University Press

ISBN: 019957989X

Category: Political Science

Page: 592

View: 5109

The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
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The Age of Spectacular Capital Punishment in France

Author: Paul Friedland

Publisher: Oxford University Press

ISBN: 0199592691

Category: History

Page: 334

View: 6236

A history of public executions in France from the medieval spectacle of suffering to the invention of the Revolutionary guillotine, up to the last public execution in 1939. Paul Friedland explores why spectacles of public execution were staged, as well as why thousands of spectators came to watch them.
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A Comparative Theory

Author: Nuno Garoupa,Tom Ginsburg

Publisher: University of Chicago Press

ISBN: 022629059X

Category: Law

Page: 273

View: 4809

In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
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Author: Lee Epstein,Jack Knight

Publisher: SAGE

ISBN: 148330485X

Category: Political Science

Page: 224

View: 8941

The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.
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Author: William Outhwaite,Stephen Turner

Publisher: SAGE

ISBN: 1446206459

Category: Social Science

Page: 640

View: 1727

"An excellent guidebook through different approaches to social science measurement, including the all-important route-maps that show us how to get there." - Roger Jowell, City University "In this wide-ranging collection of chapters, written by acknowledged experts in their fields, Outhwaite and Turner have brought together material in one volume which will provide an extremely important platform for consideration of the full range of contemporary analytical and methodological issues." - Charles Crothers, Auckland University of Technology This is a jewel among methods Handbooks, bringing together a formidable collection of international contributors to comment on every aspect of the various central issues, complications and controversies in the core methodological traditions. It is designed to meet the needs of those disciplinary and nondisciplinary problem-oriented social inquirers for a comprehensive overview of the methodological literature. The text is divided into 7 sections: Overviews of methodological approaches in the social sciences Cases, comparisons and theory Quantification and experiment Rationality, complexity and collectivity Interpretation, critique and postmodernity Discourse construction Engagement. Edited by two leading figures in the field, the Handbook is a landmark work in the field of research methods. More than just a 'cookbook' that teaches readers how to master techniques, it will give social scientists in all disciplines an appreciation for the full range of methodological debates today, from the quantitative to the qualitative, giving them deeper and sharpen insights into their own research questions. It will generate debate, solutions and a series of questions for researchers to exploit and develop in their research and teaching.
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Law, Courts, and Judicial Politics

Author: Christopher P. Banks,David M. O'Brien

Publisher: CQ Press

ISBN: 1483386287

Category: Political Science

Page: 400

View: 3929

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
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Author: Banks Miller,Linda Camp Keith,Jennifer S. Holmes

Publisher: University of Pennsylvania Press

ISBN: 0812246608

Category: Law

Page: 248

View: 5768

Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
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Author: Ian Shapiro

Publisher: Princeton University Press

ISBN: 140082690X

Category: Social Science

Page: 232

View: 3536

In this captivating yet troubling book, Ian Shapiro offers a searing indictment of many influential practices in the social sciences and humanities today. Perhaps best known for his critique of rational choice theory, Shapiro expands his purview here. In discipline after discipline, he argues, scholars have fallen prey to inward-looking myopia that results from--and perpetuates--a flight from reality. In the method-driven academic culture we inhabit, argues Shapiro, researchers too often make display and refinement of their techniques the principal scholarly activity. The result is that they lose sight of the objects of their study. Pet theories and methodological blinders lead unwelcome facts to be ignored, sometimes not even perceived. The targets of Shapiro's critique include the law and economics movement, overzealous formal and statistical modeling, various reductive theories of human behavior, misguided conceptual analysis in political theory, and the Cambridge school of intellectual history. As an alternative to all of these, Shapiro makes a compelling case for problem-driven social research, rooted in a realist philosophy of science and an antireductionist view of social explanation. In the lucid--if biting--prose for which Shapiro is renowned, he explains why this requires greater critical attention to how problems are specified than is usually undertaken. He illustrates what is at stake for the study of power, democracy, law, and ideology, as well as in normative debates over rights, justice, freedom, virtue, and community. Shapiro answers many critics of his views along the way, securing his position as one of the distinctive social and political theorists of our time.
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Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Psychology

Page: 496

View: 1097

The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
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A Personal History of the War Crimes Tribunals

Author: David Scheffer

Publisher: Princeton University Press

ISBN: 0691157847

Category: Biography & Autobiography

Page: 533

View: 3263

This title is Scheffer's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
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Author: Maxwell L. Stearns,Todd J. Zywicki

Publisher: West Academic Publishing

ISBN: 9780314177223

Category: Law

Page: 601

View: 7615

"Public Choice Concepts and Applications in Law is a terrific introductory book for law students and a valuable analytic resource for professors, whether veterans or newcomers to the field. Stearns and Zywicki break down the subject into freestanding components, allowing the reader to think about courts, legislatures, voters, and agencies in ways unimagined by anyone unfamiliar with the basic tools of public choice. Cases, articles, and classic insights are brought together in a way that truly makes this a volume about the application of public choice tools to legal doctrines. There is nothing like it." --Saul Levmore, William B. Graham Professor of Law, University of Chicago
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Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0190901349

Category: Business & Economics

Page: 640

View: 447

Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts -- Tort law -- Commercial law -- Administrative, constitutional, and international law -- Criminal law and enforcement -- Tax law and redistribution -- Litigants' behavior -- Judicial decision-making -- Evidence law
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A Perspective on Judicial Behavior

Author: Lawrence Baum

Publisher: Princeton University Press

ISBN: 140082754X

Category: Law

Page: 240

View: 8407

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
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The Academy and the Judiciary

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674286030

Category: Law

Page: 414

View: 5731

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
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Author: Thomas A. Durkin,Gregory Elliehausen,Michael E. Staten

Publisher: Financial Management Associati

ISBN: 0195169921

Category: Business & Economics

Page: 710

View: 1906

Consumer Credit and the American Economy examines the economics, behavioral science, sociology, history, institutions, law, and regulation of consumer credit in the United States. After discussing the origins and various kinds of consumer credit available in today's marketplace, this book reviews at some length the long run growth of consumer credit to explore the widely held belief that somehow consumer credit has risen "too fast for too long." It then turns to demand and supply with chapters discussing neoclassical theories of demand, new behavioral economics, and evidence on production costs and why consumer credit might seem expensive compared to some other kinds of credit like government finance. This discussion includes review of the economics of risk management and funding sources, as well discussion of the economic theory of why some people might be limited in their credit search, the phenomenon of credit rationing. This examination includes review of issues of risk management through mathematical methods of borrower screening known as credit scoring and financial market sources of funding for offerings of consumer credit. The book then discusses technological change in credit granting. It examines how modern automated information systems called credit reporting agencies, or more popularly "credit bureaus," reduce the costs of information acquisition and permit greater credit availability at less cost. This discussion is followed by examination of the logical offspring of technology, the ubiquitous credit card that permits consumers access to both payments and credit services worldwide virtually instantly. After a chapter on institutions that have arisen to supply credit to individuals for whom mainstream credit is often unavailable, including "payday loans" and other small dollar sources of loans, discussion turns to legal structure and the regulation of consumer credit. There are separate chapters on the theories behind the two main thrusts of federal regulation to this point, fairness for all and financial disclosure. Following these chapters, there is another on state regulation that has long focused on marketplace access and pricing. Before a final concluding chapter, another chapter focuses on two noncredit marketplace products that are closely related to credit. The first of them, debt protection including credit insurance and other forms of credit protection, is economically a complement. The second product, consumer leasing, is a substitute for credit use in many situations, especially involving acquisition of automobiles. This chapter is followed by a full review of consumer bankruptcy, what happens in the worst of cases when consumers find themselves unable to repay their loans. Because of the importance of consumer credit in consumers' financial affairs, the intended audience includes anyone interested in these issues, not only specialists who spend much of their time focused on them. For this reason, the authors have carefully avoided academic jargon and the mathematics that is the modern language of economics. It also examines the psychological, sociological, historical, and especially legal traditions that go into fully understanding what has led to the demand for consumer credit and to what the markets and institutions that provide these products have become today.
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