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Selection and Decision in Judicial Process around the World: Empirical Inquires

Selection and Decision in Judicial Process around the World: Empirical Inquires

Name: Selection and Decision in Judicial Process around the World: Empirical Inquires
Brand: Cambridge University Press
SKU: 9781009305785
Price: 327.86 HKD
Availability: InStock
Author: Yun-chien Chang
ISBN: 9781009305785

By Yun-chien Chang

Cambridge University Press September 2022

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ISBN-13: 9781009305785
Publisher: Cambridge University Press
Publication: September 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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This book empirically explores whether and under what conditions the judicial process is efficient. Three specific issues are addressed: first, disputants self-select into litigation. Do they tend to bring cases with merit? Second, filed cases differ in their social import. Do courts select more important cases to devote more resource to? Third, courts establish precedents, affect resource allocation in the cases at hand, and influence future behaviours of transacting parties. Do courts, like Judge Posner asserts, tend to make decisions that enhance allocative efficiency and reduce transaction costs? Positive answers to the above questions attest to the efficiency of the judicial process. What drive efficient or inefficient outcomes are the selections and decisions by litigants, litigators, and judges. Their earlier selections and decisions affect later ones. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Europe, and Asia.

Introduction

Yun-chien Chang

1. Do patent law suits target invalid patents?

Michael Frakes and Melissa Wassermann

2. Platform procedure: using technology to facilitate (efficient) civil settlement

J.J. Prescott and Alexander Sanchez

3. Speedy adjudication in hard cases and low settlement rates in easy cases: an empirical analysis of Taiwan courts with comparison to US federal courts

Yun-chien Chang and William Hubbard

4. How lower courts respond to a change in a legal rule

Anthony Niblett

5. Career judge system and court decision biases: preliminary evidence from Japan

Hatsuru Morita and Manabu Matsunaka

6. Judges avoid ex post but not ex ante inefficiency: theory and empirical evidence from Taiwan

Yun-chien Chang

7. When winning is not enough: prevailing-party civil appeals in state courts

Michael Heise

8. The evolution of case influence in modern consumer standard form contracts

Florencia Marotta-Wurgler

9. Judging insurance antidiscrimination law

Ronen Avraham, Alma Cohen and Ity Shurtz

10. Are judges harsher with repeat offenders? Evidence from the European Court of Human Rights

Eric Langlais, Alessandro Melcarne and Giovanni Ramello

11. Does efficiency trump legality? The case of the German Constitutional Court

Christoph Engel

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Selection and Decision in Judicial Process around the World: Empirical Inquires

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Table of Contents

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