The Pursuit of Justice: The Law Economics of Legal Institutions
The Pursuit of Justice is a thoroughgoing analysis of the bureaucratization and politicization of the U. S. legal system and how the law works in practice rather than in theory. The book looks specifically at how decision makers in the law-judges, lawyers, juries, police, forensic experts, and more-respond to economic incentive structure. By looking at a range of important legal rules, their associated incentive effects, and the resultant outcomes, the authors here shed light on how perverse...
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The Pursuit of Justice is a realistic yet hopeful analysis of how the law works in practice rather than in theory. The multi-chapter discussion recognizes that decision makers in the law -- judges, lawyers, juries, police, forensic experts and more -- respond systematically to the incentive structures with which they are confronted. In turn, incentives are a function of economic and institutional design. While these chapters shed light on how perverse incentives result in adverse outcomes, each chapter also suggests institutional reforms that would create better incentives within the legal system.
List of Illustrations viiForeword Robert D. Tollison ixAcknowledgements xi1 An Introduction to The Pursuit of Justice Edward J. López 12 The Rise of Government Law Enforcement in England Nicholas A. Curott Edward P. Stringham 193 Electoral Pressures and the Legal System: Friends or Foes? Russell S. Sobel Matt E. Ryan Joshua C. Hall 374 Romancing Forensics: Legal Failure in Forensic Science Administration Roger G. Koppl 515 Judicial Checks on Corruption Adriana S. Cordis 716 Effects of Judicial Selection on Criminal Sentencing Aleksandar Tomic Jahn K. Hakes 1037 Economic Development Takings as Government Failure Ilya Somin 1238 On the Impossibility of "Just Compensation" When Property Is Taken: An Ethical and Epistemic Inquiry John Brätland 1459 The Lawyer-Judge Hypothesis Benjamin H. Barton 16910 Class Action Rent Extraction: Theory and Evidence of Legal Extortion Jeffrey Haymond 19311 Cy Pres and Its Predators Charles N. W. Keckler 21712 Licensing Lawyers: Failure in the Provision of Legal Services Adam B. Summers 235Bibliography 255Notes on Contributors 283Index 289
