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Judicial Roles in Nonjudicial Functions

33 Pages Posted: 5 Jan 2014 Last revised: 17 Feb 2014

Nuno M. Garoupa

Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

Tom Ginsburg

University of Chicago Law School

Date Written: 2013

Abstract

Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary across jurisdictions depending on institutional and contextual factors.

Keywords: judges, nonjudicial functions

JEL Classification: KE1

Suggested Citation

Garoupa, Nuno M. and Ginsburg, Tom, Judicial Roles in Nonjudicial Functions (2013). Washington University Global Studies Law Review, Vol. 12, pp. 755-782, 2013; Illinois Public Law Research Paper No. 14-24; University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 676; U of Chicago, Public Law Working Paper No. 460. Available at SSRN: https://ssrn.com/abstract=2374704

Nuno M. Garoupa

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Catholic University of Portugal (UCP) - Católica Global School of Law ( email )

Lisboa
Portugal

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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