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Selection and Decision in Judicial Process around the World - Empirical Inquires (Hardcover)
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Selection and Decision in Judicial Process around the World - Empirical Inquires (Hardcover)
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This book empirically explores whether and under what conditions
the judicial process is efficient. Three specific issues are
addressed: first, disputants self-select into litigation. Do they
tend to bring cases with merit? Second, filed cases differ in their
social import. Do courts select more important cases to devote more
resource to? Third, courts establish precedents, affect resource
allocation in the cases at hand, and influence future behaviours of
transacting parties. Do courts, like Judge Posner asserts, tend to
make decisions that enhance allocative efficiency and reduce
transaction costs? Positive answers to the above questions attest
to the efficiency of the judicial process. What drive efficient or
inefficient outcomes are the selections and decisions by litigants,
litigators, and judges. Their earlier selections and decisions
affect later ones. Eleven chapters in this book, authored by
leading empirical legal scholars in the world, deal with these
issues in the US, Europe, and Asia.
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