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Full-Text Articles in Law and Economics
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Tonja Jacobi
It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between police investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited police resources to develop countermeasures, police will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game theoretic model that shows that when police investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …
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 …
Captured Legislatures And Public-Interested Courts, Patrick Luff
Captured Legislatures And Public-Interested Courts, Patrick Luff
Patrick A. Luff
According to public choice, the predominant paradigm of modern regulatory theory, legislative activity provides benefits to small, organized interests at the expense of larger groups. In practice, this means that interest groups are often able to benefit themselves at the expense of the public good. This model has been extended to the courts, which are described as implicit or explicit actors in the wealth-transfer process. Applying public-choice theory to the courts, however, overlooks the structural differences between the federal judiciary and Congress, as well as the insights of judicial decisionmaking theory. Not only do judges receive better and more complete …
The Chilean Constitutional Court And The 2005 Reform: A Castling Between Career Judges And Academics, Diego G. Pardow
The Chilean Constitutional Court And The 2005 Reform: A Castling Between Career Judges And Academics, Diego G. Pardow
Diego G. Pardow
Using a series of logistic regression analyses, this paper argues that the Chilean Constitutional Court is becoming more active in asserting constitutional rights. Before the reform, the pattern was favoring the incumbent government and deciding the cases by unanimity. After the reform the frequency of dissenting opinions increased, while the level of deference with the government decreased. We also argue, however, that any political analysis should proceed with caution. Career judges dominated the pre-reform Court, whereas justices coming from an academic environment were the ones filling those positions after the reform. Interestingly, Chilean judges have a long-standing reputation of being …