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

Administrative / Constitutional Law

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

By Yun-chien Chang
Cambridge University Press September 2022

Specifications

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

Also available as

Hardback

Details

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.

Table of Contents

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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