Eric B. Rasmusen's Books

Measuring Judicial Independence

The Political Economy of Judging in Japan

By: J. Mark Ramseyer,Eric B. Rasmusen

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Measuring Judicial Independence

The Political Economy of Judging in Japan

By: J. Mark Ramseyer,Eric B. Rasmusen

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

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Page Count

215

Publisher

University of Chicago Press

Published Date

ISBN 10

0226703878

ISBN 13

9780226703879

How Antitrust Failed Workers

By: Eric A. Posner

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How Antitrust Failed Workers

By: Eric A. Posner

Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--

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Page Count

225

Publisher

Oxford University Press

Published Date

ISBN 10

019750762X

ISBN 13

9780197507629

Hybrid Constitutionalism

The Politics of Constitutional Review in the Chinese Special Administrative Regions

By: Eric C. Ip

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Hybrid Constitutionalism

The Politics of Constitutional Review in the Chinese Special Administrative Regions

By: Eric C. Ip

This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

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Page Count

301

Publisher

Cambridge University Press

Published Date

ISBN 10

1108168825

ISBN 13

9781108168823

Book's by Eric B. Rasmusen

Measuring Judicial Independence

Measuring Judicial Independence

How Antitrust Failed Workers

How Antitrust Failed Workers

Hybrid Constitutionalism

Hybrid Constitutionalism

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