The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...

This Article defines a new way of thinking about adjudication. American procedural theory encompasses three familiar models of adjudication: the traditional adversary system model; a model of public law litigation that describes large civil rights cases; and a model of managerial judging that...

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

In this Article, I propose a theory of how rational, ideologically motivated judges might choose interpretive methods, and how rational, ideologically motivated laymen -- legislators, litigation organizations, lobbyists, scholars, and citizens -- might respond. I assume, first, that judges not...

Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...

Juries attract both stiff criticism and unqualified praise. Here, we examine how the American juries actually behave in tort cases, based on archival research, post-trial interviews with jurors, experiments with real and simulated juries, observations of real jury deliberations, and surveys of...

After spending seven years in pre-trial detention and still unable to return home pending the appeal of his acquittal, former Ivorian President and strongman Laurent Gbagbo has certainly come to regret accepting the International Criminal Court (ICC)'s jurisdiction back in April 2003. Drawing on...

Martin and Quinn used item response theory based on the Markov-Chain-Monte-Carlo method to estimate justices’ locations on a one-dimensional scale. Their analysis has been received with interest and doubts by the legal community. This paper explores the Markov Chain Monte Carlo algorithm in...

The aim of the paper was to formulate a model of judicial corruption in the case of civil litigations. It was demonstrated that the equilibrium would be of the Bertrand type and the equilibrium bribe equals the maximum bribe litigants are prepared to pay. If bribers are symmetrical the outcome...