The purpose of this chapter is to survey the academic literature on the economics of litigation
and to synthesize its main themes. The chapter begins by introducing the basic economic …

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 …

[If we want to know why a rule of law has taken its particular shape, and more or less if we
want to know why it exists at all, we go to tradition. We follow it into the Year Books, and …

In the legal academy, scholarship about judicial review is predominantly normative. It is
largely about how judges should decide cases' and what posture they ought to take toward …

The Politics of Precedent on the US Supreme Court offers an insightful and provocative
analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford …

In recent decades, legal scholars have devoted substantially greater attention to studying
the origin and nature of stare decisis than to defining the distinction between holding and …

This is a survey of economic analysis of law, that is, of the emerging field under which the
standard tools of microeconomics are employed to identify the effects of legal rules and their …

D OES an effective state require citizens who are virtuous or merely rational? Gerard Lynch
recently articulated the answer of common sense and pre-modern scholarship:'What society …

The International Criminal Court (ICC), an institution in its infancy, has had occasion to make
only a relatively small number of decisions about which defendants and which crimes to …

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 …