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 …

When Congress passes a statute that presupposes some further elaboration and
implementation by administrative agencies, eventually questions are bound to arise both …

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 …

This is a conference organized around the general topic of measuring judges and justice.
The mandate for the conference raises a number of interesting and challenging questions, of …

Appellate courts, which have the most control over legal doctrine, tend to operate through
collegial (multimember) decision making. How does this collegiality affect their choice of …

The Court of Justice of the European Union (CJEU) uses a chamber system to more
efficiently decide cases. To what extent, and under what conditions, does the CJEU's …

UNDERSTANDING COLLEGIALITY collegiality of this type. Oliver Wendell Holmes
described the Court as" nine scorpions in a bottle." 9 The Court has surely seen …

Abstract This essay reviews Epstein, Landes, and Posner's The Behavior of Federal Judges:
A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how …

The study of decision making on multimember courts has, in the past ten or so years,
attracted increasing academic attention. In this Essay, I would like to briefly discuss this …

Os tribunais constitucionais estão atualmente difundidos e consolidados institucionalmente
na maioria das democracias, de modo que o debate sobre a legitimidade democrática da …