Selection and Decision in Judicial Process around the World

Empirical Inquires

Yun-chien Chang

• Publisher: Cambridge University Press
• Year: 2019
• Print ISBN:
  9781108474870
• eBook ISBN:
  9781108614955
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

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

• Cover
• Half-title
• Title page
• Copyright information
• Dedication
• Contents
• List of Figures
• List of Tables
• List of Contributors
• Acknowledgments
• Introduction
• 1 Do Patent Law Suits Target Invalid Patents?
• 2 Platform Procedure: Using Technology to Facilitate (Efficient) Civil Settlement
• 3 Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases: An Empirical Analysis of Taiwanese Courts with Comparison to US Federal Courts
• 4 How Lower Courts Respond to a Change in a Legal Rule
• 5 Career Judge System and Court Decision Biases: Preliminary Evidence from Japan
• 6 Judges Avoid Ex Post but Not Ex Ante Inefficiency: Theory and Empirical Evidence from Taiwan
• 7 When Winning Is Not Enough: Prevailing-Party Civil Appeals in State Courts
• 8 The Evolution of Case Influence in Modern Consumer Standard Form Contracts
• 9 Judging Insurance Antidiscrimination Law
• 10 Are Judges Harsher with Repeat Offenders?: Evidence from the European Court of Human Rights
• 11 Does Efficiency Trump Legality?: The Case of the German Constitutional Court
• Index