Abstract

Presents a unified theory of judicial decision making in the American legal system based on a labor market model. Discusses a realistic theory of judicial behavior; the previous empirical literature; the Supreme Court; the courts of appeals; the district courts and the selection effect; dissents and dissent aversion; the questioning of lawyers at oral argument; and the auditioners. Epstein is Provost Professor of Law and Political Science and Rader Family Trustee Chair in Law at the University of Southern California. Landes is Clifton R. Musser Professor Emeritus of Law and Economics at the University of Chicago Law School. Posner is Circuit Judge with the United States Court of Appeals for the Seventh Circuit and Senior Lecturer at the University of Chicago Law School.

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