Among political scientists, not only is it uncontroversial to say that judges seek to etch their
political values into law; it would be near heresy to suggest otherwise. And yet this article …

Abstract Analysis of the economic effects of constitutional rules has made substantial
progress over the last decade. This survey provides an overview of this rapidly growing …

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new
book a unique and, to orthodox legal thinkers, a startling perspective on how judges and …

Making, amending, and interpreting constitutions is a political game that can yield
widespread suffering or secure a nation's liberty and prosperity. Given these high stakes …

Back in the 1940s the political scientist C. Herman Pritchett began tallying the votes and
opinions of Supreme Court Justices. His goal was to use data to test the hypothesis that the …

The role of the US Supreme Court in the aftermath of the 2000 presidential election raised
questions in the minds of many Americans about the relationships between judges and …

This Article proposes a comprehensive system for choice of law that is designed to enhance
social wealth by focusing on individual rather than governmental interests. To the extent …

FROM ITS INCEPTION, an animating insight of the economic analysis of law has been the
observation that the common law process appears to have a strong tendency to produce …

Supreme Court Justices care more about the views of academics, journalists, and other
elites than they do about public opinion. This is true of nearly all Justices and is especially …

One of the most important elements in constitutional theory is the principle of separation of
powers.'We are taught that since we-the people, or in economic analysis language, the …