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Author: Richard A. Posner
Publisher: Harvard University Press
Published: 1983-08-16
Total Pages: 436
ISBN-13: 9780674235267
DOWNLOAD EBOOK →Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.
Author: Stephen G. Breyer
Publisher: American Enterprise Institute
Published: 2004
Total Pages: 36
ISBN-13: 9780844771755
DOWNLOAD EBOOK →This essay, delivered as the AEI-Brookings Joint Center for Regulatory Studies's 2003 distinguished lecture, now is available for download and purchase.
Author: Ilya Somin
Publisher: University of Chicago Press
Published: 2017-08-01
Total Pages: 295
ISBN-13: 022699581X
DOWNLOAD EBOOK →The Supreme Court Economic Review is an interdisciplinary journal that seeks to provide a forum for scholarship in law and economics, public choice, and constitutional political economy. Its approach is broad ranging, and contributions employ explicit or implicit economic reasoning for the analysis of legal issues, with special attention to Supreme Court decisions, judicial process, and institutional design.
Author: J. Mark Ramseyer
Publisher: University of Chicago Press
Published: 2010-02-15
Total Pages: 214
ISBN-13: 0226703878
DOWNLOAD EBOOK →The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Author: Clifford Winston
Publisher: Brookings Institution Press
Published: 2021-03-02
Total Pages: 253
ISBN-13: 0815739125
DOWNLOAD EBOOK →Deregulating the legal profession will benefit society by improving access to legal services and the efficacy of public policies. Lawyers dominate a judicial system that has come under fire for limiting access to its services to primarily the most affluent members of society. Lawyers also have a pervasive influence throughout other parts of government. This is the first book offering a critical comprehensive overview of the legal profession's role in failing to serve the majority of the public and in contributing to the formation of inefficient public policies that reduce public welfare. In Trouble at the Bar, the authors use an economic approach to provide empirical support for legal reformers who are concerned about their own profession. The authors highlight the adverse effects of the legal profession's self-regulation, which raises the cost of legal education, decreases the supply of lawyers, and limits the public's access to justice to the point where, in general, only certified lawyers can execute even simple contracts. At the same time, barriers to entry that limit competition create a closed environment that inhibits valid approaches to analyzing and solving legal problems that are at the heart of effective public policy. Deregulating the legal profession, the authors argue, would allow more people to provide a variety of legal services without jeopardizing their quality, reduce the cost of those services, spur competition and innovation in the private sector, and increase the quality of lawyers who pursue careers in the public sector. Legal practitioners would enjoy more fulfilling careers, and society in general and its most vulnerable members in particular would benefit greatly.
Author: Christopher E.S. Warburton
Publisher: Routledge
Published: 2020-05-20
Total Pages: 511
ISBN-13: 1000073602
DOWNLOAD EBOOK →A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.
Author: Hector Fix-Fierro
Publisher: Bloomsbury Publishing
Published: 2004-01-06
Total Pages: 280
ISBN-13: 1847310559
DOWNLOAD EBOOK →This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Author: Francesco Parisi
Publisher: Oxford University Press
Published: 2009
Total Pages: 346
ISBN-13: 0195374150
DOWNLOAD EBOOK →"The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Francesco Parisi and Vincy Fon explore the process of legal rule production while considering issues of institutional design from a law and economics point of view." "The authors provide a comprehensive overview of the four fundamental sources of law: legislation, judge-made law. customary law, and international law. The defining features of these four sources are then dissected and closely examined using economic analysts and public choice theory. Each part includes an introduction into the lawmaking process for each source, and goes on to discuss such other issues as the optimal specificity of law in legislation to the theories of legal precedent, and to changes in customary lawmaking."--BOOK JACKET.
Author: E. López
Publisher: Springer
Published: 2010-06-07
Total Pages: 313
ISBN-13: 0230109497
DOWNLOAD EBOOK →The Pursuit of Justice is a realistic yet hopeful analysis of how the law works in practice rather than in theory. The multi-chapter discussion recognizes that decision makers in the law - judges, lawyers, juries, police, forensic experts and more - respond systematically to the incentive structures with which they are confronted.
Author: Péter Cserne
Publisher: Springer Nature
Published: 2020-06-30
Total Pages: 157
ISBN-13: 3030401685
DOWNLOAD EBOOK →This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.
