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Lee Epstein and Jack Knight

After establishing that judges are sensitive to the consequences and enforceability of their decisions, this chapter outlines four methods judges use to help ensure that their decisions are efficacious (i.e. respected by external actors): anticipating the reaction of relevant (current) external actors, anticipating the reactions of incoming external actors, developing avoidance procedures and limiting doctrines, and cultivating public opinion. The chapter draws on evidence from Germany, the United States, Canada, South Africa, and other countries to illustrate these methods.