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 …

The Fourth Amendment regulates police investigations with a tex-tually simple prohibition of"
unreasonable searches and seizures."'Despite the Amendment's concise text, judicial …

Since the 1990s, there has been an explosion of empirical and theoretical work dedicated to
advancing strategic accounts of law and legal institutions. Reviewing this extensive literature …

Past cases are the European Court of Justice's most prominent tool in making and justifying
the rulings and decisions which affect the everyday lives of more than half a billion people …

A constitutional order is a system of systems. It is an aggregate of interacting institutions,
which are themselves aggregates of interacting individuals. In The System of the …

Appellate courts make policy, not only by hearing cases themselves, but by establishing
legal rules for the disposition of future cases. The problem is that such courts are generally …

Common law evolves not only through the outcomes of cases but also through the
reasoning and citations to precedent employed in judicial opinions. We focus on citations to …

When higher court judges attempt to assert control over lower-court decision making, do
such hierarchical politics shape legal doctrine? Using a “case-space” model of choice …

I argue the Supreme Court learns to craft legal rules by relying on the Courts of Appeals as
laboratories of law, observing their decisions and reviewing those that best inform legal …

Identifying the US Supreme Court's most influential precedents is integral to understanding
its impact on society. To make these identifications, scholars often analyze the network of …