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This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justici...
Stearns and Zywicki's Public Choice Concepts and Applications in Law is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive but nontechnical overview of interest group theory, social choice theory, game theory, and elementary price theory. It ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and specific institutional settings: legislatures, courts, executive branch and bureaus, and constitutions.
This accessible volume integrates wide-ranging economic methodologies with a vast array of legal subjects. Coverage includes the first-year law school curriculum along with institutions and doctrines comprising the core foundation of upper level legal study. Dedicated chapters introduce neoclassical economics, interest group theory, social choice, and game theory, and the book intersperses alternative methodological insights. The analysis synthesizes these methodologies with modern and classic case law, other legal materials, and policy discussions inspired by current events. Ideal for a law school seminar or capstone course, this unique volume is also perfectly suited for business school courses on legal methods and public policy. Professors will find a rich array of materials adaptable to varying pedagogical styles and substantive areas of emphasis. Students exploring these materials will emerge with a deeper understanding of law and economics and a greater appreciation of our lawmaking institutions.
"This work identifies our two-party, comparatively non-representative form of democracy as the main culprit of why American politics are so dysfunctional-and shows us how to fix it"--
The Collective-Action Constitution discusses how the U.S. Constitution is based on the principles of collective action among states, and how this understanding can provide guidance on addressing the sobering problems facing America today.
Adrian Vermeule analyses constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines.
Predicting the future is serious business for virtually all public and private institutions, for they must often make important decisions based upon such predictions. This text explores how institutions might improve their predictions and arrive at better decisions by means of prediction markets.
The Jan. 2012 issue of the Stanford Law Review (the first of vol. 64) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue: The Right Not to Keep or Bear Arms Joseph Blocher The Ghost That Slayed the Mandate Kevin C. Walsh State Sovereign Standing: Often Overlooked, but Not Forgotten Kenneth T. Cuccinelli, II, E. Duncan Getchell, Jr., & Wesley G. Russell, Jr. Establishing Official Islam? The Law and Strategy of Counter-Radicalization Samuel J. Rascoff Lobbying, Rent-Seeking, and the Constitution Richard L. Hasen Note: Bringing a Judicial Takings Claim Josh Patashnik In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.