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The Independent Judiciary in an Interest-Group Perspective

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William M. Landes
Richard A. Posner

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Abstract

We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the independent judiciary. Part II discusses several implications of the theory, relating to administrative regulation, the form of interest-group legislation, the tenure of judges, and constitutional adjudication. The appendix to this paper presents an empirical analysis of judicial independence using data on Acts of Congress that have been held unconstitutional by the Supreme Court.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 0110.

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Date of creation: Oct 1975
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Publication status: published as Landes, William M. and Posner, Richard A. "The Independent Judiciary in an Interest-Group Perspective." Journal of Law and Economics, (December 1975).
Handle: RePEc:nbr:nberwo:0110

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  1. Ludwig van den Hauwe, 2005. "Public Choice, Constitutional Political Economy and Law and Economics," Law and Economics 0508006, EconWPA. [Downloadable!]
  2. Besley, Timothy J. & Payne, A. Abigail, 2005. "Implementation of Anti-Discrimination Policy: Does Judicial Selection Matter?," CEPR Discussion Papers 5211, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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  3. Axel Dreher & Stefan Voigt, 2008. "Does Membership in International Organizations Increase Governments’ Credibility? Testing the Effects of Delegating Powers," Working papers 08-193, KOF Swiss Economic Institute, ETH Zurich. [Downloadable!]
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  4. J. Mark Ramseyer & Eric B. Rasmusen, 1996. "Judicial Independence in Civil Law Regimes: Econometrics from Japan," Public Economics 9603001, EconWPA. [Downloadable!]
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  5. J. Mark Ramseyer & Eric B. Rasmusen, 2001. "When are Judges and Bureaucrats Left Independent? Theory and History from Imperial Japan, Postwar Japan, and the United States," CIRJE F-Series CIRJE-F-126, CIRJE, Faculty of Economics, University of Tokyo. [Downloadable!]
  6. Daniel Berkowitz & Karen Clay, 2007. "Legal Origins and the Evolution of Institutions: Evidence from American State Courts," Working Papers 320, University of Pittsburgh, Department of Economics, revised Jun 2007. [Downloadable!]
  7. Josh Lerner, 2000. "150 Years of Patent Office Practice," NBER Working Papers 7477, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  8. Ludwig van den Hauwe, 2005. "Constitutional economics," Public Economics 0508010, EconWPA, revised 19 Aug 2005. [Downloadable!]
  9. F. Andrew Hanssen, 2004. "Is There a Politically Optimal Level of Judicial Independence?," American Economic Review, American Economic Association, vol. 94(3), pages 712-729, June. [Downloadable!] (restricted)
  10. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary+," Marburg Working Papers on Economics 200429, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung). [Downloadable!]
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  11. Jenny Monheim & Marie Obidzinski, 2007. "Optimal discretion in asylum lawmaking," Working Papers of BETA 2007-31, Bureau d'Economie Théorique et Appliquée, ULP, Strasbourg. [Downloadable!]
  12. Frank Cross, 2003. "Business and Judicial Politics," Business and Politics, Berkeley Electronic Press, vol. 5(1), pages 1058-1058. [Downloadable!] (restricted)
  13. Berggren, Niclas & Karlson, Nils, 2002. "Constitutionalism, Division of Power and Transaction Costs," Ratio Working Papers 3, The Ratio Institute. [Downloadable!]
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  14. Craig Nard & Andrew Morriss, 2007. "Constitutionalizing Patents: From Venice to Philadelphia," Review of Law & Economics, Berkeley Electronic Press, vol. 2(2), pages 4. [Downloadable!] (restricted)
  15. Edward J. Lopez & Daniel Sutter, 2005. "Ignorance in Congressional Voting? Evidence from Policy Reversal on the Endangered Species Act," Microeconomics 0512002, EconWPA. [Downloadable!]
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  16. Tim Besley & Abigail Payne, 2003. "Judicial accountability and economic policy outcomes: evidence from employment discrimination charges," IFS Working Papers W03/11, Institute for Fiscal Studies. [Downloadable!]
  17. Paul H. Rubin & Mark A. Cohen, 1992. "Politically Imposed Entry Barriers," Eastern Economic Journal, Palgrave Macmillan Journals, vol. 18(3), pages 333-344, Summer. [Downloadable!] (restricted)
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  18. Mwangi S. Kimenyi & William F. Shughart II, 2008. "The Political Economy of Constitutional Choice: A Study of the 2005 Kenyan Constitutional Referendum," Working papers 2008-08, University of Connecticut, Department of Economics. [Downloadable!]
  19. Stefan Voigt & Michael Ebeling & Lorenz Blume, 2004. "Improving Credibility by Delegating Judicial Competence - the Case of the Judicial Committee of the Privy Council," Discussion Papers in Economics 67/04, University of Kassel, Institute of Economics. [Downloadable!]
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  20. Ludwig van den Hauwe, 2005. "Constitutional economics II," Public Economics 0508009, EconWPA, revised 19 Aug 2005. [Downloadable!]
  21. Edward J. Lopez & R. Todd Jewell, 2005. "Strategic Institutional Choice: Voters, States, and Congressional Term Limits," Public Economics 0512006, EconWPA. [Downloadable!]
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