Notice-and-Comment Judicial Decisionmaking

Judicial Decisionmaking and Litigation Expenditure

Recent years have borne witness to a striking increase in expenditures on legal services.’ Various critics of the U.S. legal system have accordingly argued that amounts currently spent on or in anticipation of disputes are socially excessive, and several writers have attempted to address the issue through economic analysis.’ Much of the economic literature has centered on the choice between lit...

Judicial decisionmaking in the age of biotechnology.

Decision Rules in a Judicial Hierarchy: Comment

A Comment on the Relationship between Judicial Salary and Judicial Quality

Professor Scott Baker was kind enough to present his empirical research on the relationship between judicial salary and judicial quality1 to the Law and Economics Workshop run by Professor Keith Hylton2 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. ...

Information & Contestation: A Formal Model of Notice and Comment

We develop a formal model of notice and comment rulemaking. An agency investigates a state of the world with some effort of its choosing, then proposes a policy and may or may not reveal its information about the state. A group, which is biased toward one of the agency’s possible choices, then investigates the state as well, and may or may not reveal its information. A reviewing court may uphol...