
Contents
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The Judge: Motivations, Careers, and Performance The Judge: Motivations, Careers, and Performance
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Selection and Retention of Judges Selection and Retention of Judges
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Opinions and Precedent Opinions and Precedent
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Collegial Courts Collegial Courts
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Hierarchy of Justice Hierarchy of Justice
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External Actors External Actors
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What’s Next? What’s Next?
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Notes Notes
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References References
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17 The Economic Analysis of Judicial Behavior
Get accessLee Epstein is the Ethan A. H. Shepley Distinguished University Professor at Washington University in St. Louis.
Jack Knight is the Frederic Cleaveland Professor of Law and Political Science at Duke University.
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Published:06 July 2017
Cite
Abstract
In the analysis of judicial behavior, “economics” has multiple meanings. Some studies emphasize the economic consequences of judicial decisions while others employ the concepts and tools of economic analysis to explain those decisions. Here we focus on studies proceeding from the assumption of rationality (regardless of their methodological approach). Even with this limited focus, the range of substantive topics is impressive. There are many ways to splice and dice them but six stand out: (1) the judge: motivations, careers and performance; (2) selection and retention of judges; (3) opinions and precedent; (4) collegial courts; (5) the hierarchy of justice; and (6) external actors. For each we synthesize the literature and offer directions for future work.
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