From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme …
In this Essay, I propose that judicial behavior is best understood as a function of the incentives and constraints that particular legal systems place on their judges. The approach …
Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito joined the Supreme Court, that link seemed more important, more …
How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime …
RA Posner, AH Yoon - Stan. L. Rev., 2010 - HeinOnline
Evaluating the legal profession is a daunting task. The profession is highly decentralized, and lawyers work in myriad practice settings. Most litigation ends in settlement, l creating …
Capture-the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating-is a fundamental concern for administrative law scholars …
Selection and tenure rules are important parts of the" packages" of institutional designs that protect the independence of judges. The appointments process is a political one by …
LH Krieger, RK Best, LB Edelman - Law & Social Inquiry, 2015 - cambridge.org
This article provides a new account of employers' advantages over employees in federal employment discrimination cases. We analyze the effects of judicial deference, in which …
RA Posner - Journal of Institutional Economics, 2010 - cambridge.org
This paper applies the principles of organization economics (an offshoot of organization theory and a cousin of the New Institutional Economics) to a variety of organizations, mainly …