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The Independent Judiciary in an Interest-Group Perspective


  • William M. Landes
  • Richard A. Posner


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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  • William M. Landes & Richard A. Posner, 1975. "The Independent Judiciary in an Interest-Group Perspective," NBER Working Papers 0110, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:0110

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    1. Benham, Lee, 1971. "The Labor Market for Registered Nurses: A Three-Equation Model," The Review of Economics and Statistics, MIT Press, vol. 53(3), pages 246-252, August.
    2. Milton Friedman & Simon Kuznets, 1954. "Income from Independent Professional Practice," NBER Books, National Bureau of Economic Research, Inc, number frie54-1, January.
    3. Ronald G. Ehrenberg, 1974. "Organizational Control and the Economic Efficiency of Hospitals: The Production of Nursing Services," Journal of Human Resources, University of Wisconsin Press, vol. 9(1), pages 21-32.
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