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Law

University of Tennessee, Knoxville

Law and Economics

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton May 2007

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment ...


Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton May 2007

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment ...