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: 6530

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: 8219

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: 8414

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,Stefanie A. Lindquist

Publisher: Oxford University Press

ISBN: 019957989X

Category: Political Science

Page: 592

View: 8458

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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Author: Lee Epstein,Andrew D. Martin

Publisher: Oxford University Press

ISBN: 0199669058

Category: Law

Page: 324

View: 2612

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: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674184653

Category: Law

Page: 392

View: 1541

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
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Challenging States' Ability to Regulate Human Behavior

Author: Yuval Feldman

Publisher: N.A

ISBN: 1107137101

Category: Law

Page: 254

View: 2190

Overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
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Author: Lee Epstein,Jack Knight

Publisher: SAGE

ISBN: 148330485X

Category: Political Science

Page: 224

View: 4763

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: R. A. W. Rhodes,Sarah A. Binder,Bert A. Rockman

Publisher: Oxford University Press

ISBN: 0199548463

Category: Political Science

Page: 816

View: 4560

The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 39 major international scholars, The Oxford Handbook of Political Institutions provides the key point of reference for anyone working on political institutions and beyond.
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The Academy and the Judiciary

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674286030

Category: Law

Page: 414

View: 687

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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A Comparative Theory

Author: Nuno Garoupa,Tom Ginsburg

Publisher: University of Chicago Press

ISBN: 022629059X

Category: Law

Page: 273

View: 5121

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: C. L. Ostberg,Matthew E. Wetstein

Publisher: UBC Press

ISBN: 0774841311

Category: Law

Page: 288

View: 3922

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.
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A Personal History of the War Crimes Tribunals

Author: David Scheffer

Publisher: Princeton University Press

ISBN: 0691140154

Category: Biography & Autobiography

Page: 533

View: 8734

Recounts the author's experiences of setting up the International Criminal Court, including problems with achieving international cooperation for tribunals, war crimes victims, and challenges from the U.S. due to fears of soldiers facing prosecution.
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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: 3814

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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The Laws of War in American History

Author: John Fabian Witt

Publisher: Simon and Schuster

ISBN: 1416576177

Category: Biography & Autobiography

Page: 512

View: 4183

A standalone novella introducing a new side of Half Moon Hollow—featuring a freewheeling courier and the stuffy vampire she has to transport. Miranda Puckett has failed at every job she’s ever had. Her mother just wants her to come home, join the family law firm, and settle down with Jason, the perfect lawyer boyfriend. But when Jason turns out to be a lying cheater, Miranda seizes on a job that gets her out of town: long-distance vampire transportation. Her first assignment is to drive vampire Collin Sutherland from Washington to sleepy Half Moon Hollow without incident—no small feat for a woman whom trouble seems to follow like a faithful hound dog! And she has to do it without letting her passenger—the most persnickety, stuffy, devastatingly handsome vamp she’s ever met—drive her crazy. As she and Collin find disaster on the roads, they also find an undeniable spark between them. Could Miranda have found the perfect job and the perfect guy for her?
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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: 3509

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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Strengths and Weaknesses

Author: Richard A. Posner

Publisher: N.A

ISBN: 9780674975774

Category: Law

Page: 464

View: 4996

No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.
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Author: Maxwell L. Stearns,Todd J. Zywicki

Publisher: West Academic Publishing

ISBN: 9780314177223

Category: Law

Page: 601

View: 2189

"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: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674033833

Category: Law

Page: 400

View: 5760

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.
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