A new judicial politics of legal doctrine has the potential to resolve foundational dilemmas
and reconcile long-standing and counterproductive scholarly divisions by bringing together …

Measuring the preferences of political elites is critically important for analyzing the
determinants and consequences of elite behavior. The decisions that elites make when …

Are judges politically motivated? Do they make decisions, at least in ideologically charged
cases, on the basis of" policy preferences" or predispositions? Most members of the …

We provide a conceptual map of judicial independence and evaluate the content, construct,
and convergent validity of 13 cross-national measures. There is evidence suggesting the …

How do Supreme Court justices decide their cases? Do they follow their policy preferences?
Or are they constrained by the law and by other political actors? The Constrained Court …

* David and Mary Harrison Distinguished Professor of Law, University of Virginia; Visiting
Professor of Law (2012-2013), Columbia Law School. Earlier versions of this Article were …

This Article describes the origins of three movements in legal academia: empirical legal
studies (ELS), law and society, and law and economics. It then quantifies the distribution …

A half-dozen years ago, Ted Eisenberg and I started our article entitled Litigation Realities'
with a quotation of Louis XVI: his journal entry for July 14, 1789, was" Nothing." 2 Our point …

Various literatures indicate that partisan labels increase the accountability of elected
officials. Correspondingly, advocates of nonpartisan elections claim that this procedure …

In this article we test to what extent Kelsenian‐type constitutional judges are independent
from political parties by studying the Portuguese constitutional court. The results yield three …