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Lee Epstein

This excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges’ motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.
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Lee Epstein

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Lee Epstein

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Lee Epstein

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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.