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The Supreme Common Law Court Of The United States, Jack M. Beermann
The Supreme Common Law Court Of The United States, Jack M. Beermann
Faculty Scholarship
The U.S. Supreme Court's primary role in the history of the United States, especially in constitutional cases (and cases hovering in the universe of the Constitution), has been to limit Congress's ability to redefine and redistribute rights in a direction most people would characterize as liberal. In other words, the Supreme Court, for most of the history of the United States since the adoption of the Constitution, has been a conservative force against change and redistribution. The Court has used five distinct devices to advance its control over the law. First, it has construed rights-creating constitutional provisions narrowly when those …
A Comment On The Relationship Between Judicial Salary And Judicial Quality, Stephen G. Marks
A Comment On The Relationship Between Judicial Salary And Judicial Quality, Stephen G. Marks
Faculty Scholarship
Professor Scott Baker was kind enough to present his empirical research on the relationship between judicial salary and judicial quality to the Law and Economics Workshop run by Professor Keith Hylton and me last fall and I am honored to be able to comment on it today. It is part of a growing body of literature in law that tries to shed light on important issues through statistical analysis. Baker's paper, even before its publication, generated a significant amount of buzz.