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Positive Political Theory


Papers posted below were presented at the April 2005 Faculty Conference Law and Positive Political Theory: Legal Doctrine and Political Control. Click on titles to download articles in pdf format.

Law Creation by a Team of Judges
Charles Cameron, Princeton University
Lewis Kornhauser, New York University School of Law

Judicial Hierarchies and the Rule-Individual Tradeoff
Paul Rubin, Emory University

Legal Doctrine and Political Control
Tonja Jacobi, Northwestern University School of Law
Emerson Tiller, Northwestern University School of Law

The Judicial Common Space
Lee Epstein, Washington University , St. Louis
Andrew D. Martin, Washington University
Jeffery Segal, State University of New York , Stony Brook
Chad Westerland, University of Arizona

Rethinking the Judicial Hierarchy: A Citation Analysis of Judicial Influence | Table
Jeffrey Berger, Mayer, Brown, Rowe & Maw
Tracey George, Vanderbilt University School of Law

Presidents, Justices, and Deference to Administrative Action
Joseph Smith, University of Alabama

Equilibrium Expectations and Legal Doctrine
Eric Talley, University of Southern California Law School

A Positive Theory of the War Powers Constitution
Jide Nzelibe, Northwestern University School of Law

The Judge as a Fly on the Wall: Interpretive Lessons from the Positive Political Theory of Legislation
Cheryl Boudreau, University of California , San Diego
Mathew McCubbins, University of California , San Diego
Daniel Rodriguez, University of San Diego School of Law

Judicial Lobbying: The Politics of Labor Law and Constitutional Interpretation
Matias Iaryczower, University of California , Los Angeles
Pablo Spiller, University of California , Berkeley
Mariano Tommasi, Universidad de San Andrés

Conditions for Judicial Independence
Mathew D. McCubbins, University of California , San Diego
Roger Noll, Stanford University
Barry Weingast, Stanford University

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