The traditional view that inter-branch judicial independence is a necessary condition for high levels of foreign direct investment is flawed because it neglects to consider the significance of the autonomy of judges from societal actors as a distinct factor. Separating these two aspects of judicial independence and then interacting them produces four “judicial regime types”: the Liberal, Partis...

This thesis examines the relationship between contested judicial elections and the value of total damages in product liability trials. For years, legal scholars have argued that judicial elections pose a direct threat to a judge's impartiality, but this thesis is one of only a few studies to observe judicial elections' quantitative effects on the application of law. Narrowing the focus of this ...

While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of j...

En las diferentes instituciones del sector salud del Perú, los médicos reciben y asisten diariamente a personas con traumatismos ocasionados por agresiones intradomiciliarias. Por otra parte, las autoridades policiales, fiscal o judicial solicitan a los médicos una descripción detallada de las lesiones con la respectiva identificación de los agentes causantes (objetos contundentes, arma blanca,...

The introduction of molecular biology techniques, especially of DNA analysis, for human identification is a recent advance in legal medicine. Substantial effort has continuously been made in an attempt to identify cadavers and human remains after wars, socio-political problems and mass disasters. In addition, because of the social dynamics of large cities, there are always cases of missing peop...

The 1991 Credit Lyonnais court ruling expanded the fiduciary duties of managers towards debtholders in near-insolvent Delaware firms. Differences-in-differences tests reveal that innovation efficiency increased among all Delaware firms following the ruling. Further, Delaware firms close to (far from) insolvency reduced (expanded) their R&D expenditures and innovation output. Both sets of firms ...

This Federal Judicial Center publication was undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development for the improvement of judicial administration. The views expressed are those of the authors and not necessarily those of the Federal Judicial Center.

Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highlights an indirect effect of judicial review that complicates this conventional wisdom. Without judicial review, pro-majority and pro-minority leaders adopt different policies. Because judicial review lim...

When contemporary commentators decry what they describe as growing threats to “judicial independence,” they typically invoke “judicial independence” as a normative ideal—an institutional virtue. That virtue is the capacity of courts to protect individual rights, to police structural limits on governmental power, and to decide individual disputes based solely on the applicable law and the factua...