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A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller
A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller
Faculty Publications
In this article we follow the recent developments of the modern theory of administrative agencies, by developing a rational choice theory of the Supreme Court. Our framework combines two of the main characteristics of this literature: namely, the rational choice modeling strategy with the notion that institutions matter in the design of public policy. We differ basically by modeling the Supreme Court as a self-interested, ideologically motivated institution, making its decisions subject not to the traditional legal rules of precedent, but to the constraints arising from the political interests of other institutions of government-namely, Congress and the President.
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
Faculty Publications
The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
Faculty Publications
No abstract provided.