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Refereed Anthology

Selection and Decision in Judicial Process around the World: Empirical Inquires

Selection and Decision in Judicial Process around the World: Empirical Inquires

Sort:Comparative Study of Judiciary System, Empirical Study of Judicial Behavior, and Legislative Studies
Editor-in-Chief:Yun-chien Chang
Publication Date:2019-12
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.

Table of Contents

by Yun-chien ChangPage:1-5
1. Do Patent Law Suits Target Invalid Patents?
by Michael D. Frakes, Melissa F. WassermanPage:6 -29
2. Platform ProcedureUsing Technology to Facilitate (Efficient) Civil Settlement
by J. J. Prescott, Alexander SanchezPage:30 -72
3. Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy CasesAn Empirical Analysis of Taiwanese Courts with Comparison to US Federal Courts
by Yun-chien Chang, William H. J. HubbardPage:73 -109
4. How Lower Courts Respond to a Change in a Legal Rule
by Anthony NiblettPage:110 -131
5. Career Judge System and Court Decision BiasesPreliminary Evidence from Japan
by Hatsuru Morita, Manabu MatsunakaPage:132-159
6. Judges Avoid Ex Post but Not Ex Ante InefficiencyTheory and Empirical Evidence from Taiwan
by Yun-chien ChangPage:160-178
7. When Winning Is Not EnoughPrevailing-Party Civil Appeals in State Courts
by Michael HeisePage:179-203
8. The Evolution of Case Influence in Modern Consumer Standard Form Contracts
by Florencia Marotta-WurglerPage:204-222
9. Judging Insurance Antidiscrimination Law
by Ronen Avraham, Alma Cohen and Ity ShurtzPage:223-241
10. Are Judges Harsher with Repeat Offenders?Evidence from the European Court of Human Rights
by Eric Langlais, Alessandro Melcarne and Giovanni RamelloPage:242-260
11. Does Efficiency Trump Legality?The Case of the German Constitutional Court
by Christoph EngelPage:261-286