Chapter 2: What Courts Do . . . And How to Model It
27 Pages Posted: 5 Jun 2017
Date Written: June 2, 2017
We review the basic building blocks of the case-space approach to modeling courts, particularly cases, dispositions, and rules. We provide numerous examples of case spaces. We clarify the policy-making actions of courts, distinguishing statutory interpretation, review of agency rule-making on procedural grounds, review of agency rule-making on substantive grounds, and constitutional review. We demonstrate that simple versions of the case-space approach are extensible to more complex legal concepts such as evidence, doctrine, and causes of action. We note some of the feed back effects of judicial actions, particularly on the distribution of presented cases, the behavior in society at large, and on social welfare.
This essay is a draft chapter of a book-in-progress on the positive political theory of courts.
Keywords: adjudication, courts, CSE space
JEL Classification: D02, H10, K40
Suggested Citation: Suggested Citation