Docketology, District Courts, and Doctrine

David A. Hoffman, Alan J. Izenman and Jeffrey R. Lidicker
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. To test such views, we collected data from a thousand cases in four different jurisdictions. We recorded information about every judicial action over each case’s life, ranging from the demographic characteristics, workload, and experience of the writing judge; to information about…

The Class Action As Political Theory

Clifford W. Berlow and Martin H. Redish
We have two goals in this Article. Initially, we seek to alter the nature of the class action debate, by expressly inserting the perspective of political theory. Recognizing how the modern class action is structured may have significant consequences for the foundations of normative political theory, we hope to remove the theoretical superficiality that has characterized much of the modern scholarly debate concerning class actions. While on occasion that debate…

Retributive Justice in the Real World

Part I of this Article looks to retributive theory to see what it says or suggests about how to enforce the law, either in terms of imposing constraints (telling officials what they may not do) or offering affirmative guidance (telling officials what they should do). Different versions of retributive thinking imply different options or mandates for law enforcement. Canvassing and generalizing from the literature, Part I describes three possible implementation…

Workers, Information, and Corporate Combinations: The Case for Nonbinding Employee Referenda in Transformative Transactions

This Article proposes that employees be given the right to vote on mergers, sales of substantially all assets, and the other corporate combinations for which shareholders can vote. Unlike shareholders’ ballots, the employees’ choices would not be binding on the company. Referenda would be held before the required shareholders’ elections so that shareholders could know about the results before they cast their votes. Although it might be possible to implement…