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Predictive Decisionmaking

66 Pages Posted: 7 Apr 2005  

Michael Abramowicz

George Washington University Law School

Abstract

In this Article, Professor Abramowicz identifies a regulatory strategy that he calls "predictive decisionmaking" and provides a framework for assessing it. In a predictive decisionmaking regime, public or private decisionmakers make predictions, often of future legal decisions, rather than engage in normative analysis. Several scholars, particularly in recent years, have offered proposals that fit within the predictive decisionmaking paradigm, but have not noted the connection among these proposals. The Article highlights five different mechanisms on which predictive decisionmaking regimes may rely, including predictive standards, enterprise liability, accuracy incentives, partial insurance requirements, and information markets. After identifying several advantages that predictive decisionmaking strategies may have over nonpredictive alternatives, the Article identifies several potential problems with predictive decisionmaking, and develops a simple analytical framework for assessing predictive decisionmaking proposals. The Article concludes by illustrating variants on the mechanisms for accomplishing predictive decisionmaking in conjunction with new predictive decisionmaking proposals.

Suggested Citation

Abramowicz, Michael, Predictive Decisionmaking. Virginia Law Review, Vol. 92, 2006. Available at SSRN: https://ssrn.com/abstract=700706

Michael B. Abramowicz (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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