Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judges (2)
- Jurisprudence (2)
- Public Law and Legal Theory (2)
- Banking and Finance (1)
- Behavioral economics (1)
-
- Campaign Finance (1)
- Computer simulation (1)
- Constitutional Law (1)
- Corporate Personhood (1)
- Corporations (1)
- Courts (1)
- Democracy (1)
- Deregulation (1)
- Dispute Resolution (1)
- Elections (1)
- Financial Crisis (1)
- Framing effects (1)
- Freedom of Speech (1)
- General Law (1)
- Historical Materialism (1)
- Human Rights Law (1)
- International Humanitarian Law (1)
- International Law (1)
- International Trade (1)
- Judicial Appointments (1)
- Law (1)
- Law and Society (1)
- Publication
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Judges
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
What’S Age Got To Do With It? Supreme Court Appointees And The Long Run Location Of The Supreme Court Median Justice, Matthew L. Spitzer
What’S Age Got To Do With It? Supreme Court Appointees And The Long Run Location Of The Supreme Court Median Justice, Matthew L. Spitzer
Matthew L Spitzer
For approximately the past 40 years Republican Presidents have appointed younger Justices than have Democratic Presidents. Depending on how one does the accounting, the average age difference will vary, but will not go away. This Article posits that Republicans appointing younger justices than Democrats may have caused a rightward shift in the Supreme Court. We use computer simulations to show that if the trend continues the rightward shift will likely increase. We also to produce some very rough estimates of the size of the ideological shift, contingent on the size of the age differential. In addition, we show that the …
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …