This paper embeds a model of lawmaking in an equilibrium framework in which the demand for trials is rationed by court delay. The lawmaking process depends on a combination of selective litigation, judicial bias, and precedent. The steady state equilibrium of the model determines both the length of delay and the distribution of legal rules. Comparative statics show that an increase in the supply of trials reduces delay but may or may not increase the proportion of efficient rules. An increase in the fraction of judges biased in favor of the efficient rule, however, will likely improve efficiency on both counts.
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Paper provided by University of Connecticut, Department of Economics in its series Working papers with number
2008-16.
Length: 29 pages Date of creation: May 2008 Date of revision: Handle: RePEc:uct:uconnp:2008-16
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Find related papers by JEL classification: K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
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