Judges and Judging
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Michael R. Baye and Joshua D. Wright (Indiana University Bloomington – Department of Business Economics & Public Policy and George Mason University – School of Law) have posted Is Antitrust Too Complicated for Generalist Judges? The Impact of Economic Complexity & Judicial Training on Appeals on SSRN. Here is the abstract: Modern antitrust litigation sometimes…
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Jonathan H. Adler (Case Western Reserve University – School of Law) has posted Getting the Roberts Court Right: A Response to Chemerinsky (Wayne Law Review, Forthcoming) on SSRN. Here is the abstract: In "The Roberts Court at Age Three," Dean Erwin Chemerinsky offers a preliminary assessment of the Roberts Court. Among other things, Dean Chemerinsky…
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Alan Rozzi and Terri L. Peretti (Santa Clara University – College of Arts and Sciences and Santa Clara University) have posted Modern Departures from the Supreme Court: Party, Pensions, or Power on SSRN. Here is the abstract: If the Supreme Court often serves the interests of the dominant governing coalition, does such regime assistance extend…
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Charles M. Cameron and Lewis A. Kornhauser (Princeton University – Woodrow Wilson School of Public and International Affairs and Department of Politics and New York University – School of Law) have posted Modeling Collegial Courts (3): Judicial Objectives, Opinion Content, Voting and Adjudication Equilibria on SSRN. Here is the abstract: We present a formal game…
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Ward Farnsworth (Boston University School of Law) has posted Dissents Against Type (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: Legal realists and various others believe that judges in close case – and thus Supreme Court justices in most cases – vote according to their policy preferences, private empirical views about the world,…
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Adam B. Cox & Thomas J. Miles (University of Chicago – Law School) have posted Judicial Ideology and the Transformation of Voting Rights Jurisprudence (University of Chicago Law Review, Vol. 75, 2008) on SSRN. Here is the abstract: For two decades, the doctrinal test laid out in Thornburg v. Gingles has been the centerpiece of…
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Cass R. Sunstein (Harvard University – Harvard Law School) has posted Beyond Judicial Minimalism on SSRN. Here is the abstract: Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a…
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Samuel P. Jordan (Saint Louis University – School of Law) has posted Irregular Panels (Alabama Law Review, Vol. 60, No. 3, 2008) on SSRN. Here is the abstract: This article explores a common but essentially unexplored feature of appellate decision-making: decisions by irregular panels. Decisions in the federal courts of appeals are usually reached by…
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Kermit Roosevelt III (University of Pennsylvania Law School) has posted Polyphonic Stare Decisis: Listening to Non-Article III Actors (Notre Dame Law Review, Vol. 83, 2008) on SSRN. Here is the abstract: This article explores the input that non-Article III actors can and should have in the Supreme Court’s decision to reconsider a prior constitutional decision.…
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Stephen J. Choi , G. Mitu Gulati and Eric A. Posner (New York University – School of Law , Duke University – School of Law and University of Chicago – Law School) have posted Which States Have the Best (and Worst) High Courts? on SSRN. Here is the abstract: This paper ranks the high courts…