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The Oxford Handbook of Comparative Judicial Behaviour

Edited by: Lee Epstein, UrA!ka A adl, Gunnar Grendstad, Keren Weinshall

ISBN13: 9780192898579
To be Published: September 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00

These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society.

Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement.

Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.

Comparative Law, Judiciary
1 - Fundamentals
1:Introduction to the Study of Comparative Judicial Behaviour, Lee Epstein, Gunnar Grendstad, Urška Šadl, and Keren Weinshall
2:Legal Traditions and Their Relation to Judicial Behavior, Nuno Garoupa
3:Models of Constitutional Review, Tom Ginsburg and Mila Versteeg
4:The Global Expansion of Judicial Power, Ran Hirschl
5:Transcending the Domestic-International Divide, Daniel Naurin and Erik Voeten

2 -Approaches to Judging
6:Legalism and Professional Norms, Alexander Morell
7:Attitudinal Judging: Partisanship and Ideology, Rorie Spill and Eric Waltenburg
8:Backgrounds, Attributes, and Identities, Santiago Basabe-Serrano, Lee Epstein, and Keren Weinshall
9:Strategic Analysis, Shai Dothan
10:How Personal Motivations Affect Judges' Decisions, Lee Epstein and Jack Knight
11:Research on Cognitive Shortcomings in Comparative Judicial Behavior, Eileen Braman

3 - Data, Methods, and Technologies
12:Observational Databases, Benjamin Engst and Thomas Gschwend
13:Experiments, Christoph Engel
14:Network Analysis for the Comparative Study of Judicial Behavior, Wolfgang Alschner
15:Studying Judicial Behavior with Text Analysis, Michael Livermore
16:Measuring Political Preferences, Lee Epstein, Andrew D. Martin, and Kevin Quinn

4 - Staffing the Courts
17:Selecting Judges, Lydia Brashear Tiede
18:Judicial Elections and Judicial Behavior, Michael Nelson and Michael Burnham
19:Judicial Tenure and Retirements, Aníbal Pérez-Liñán and Andrea Castagnola
20:Law Clerks, Anne Sanders

5 - Advocacy, Litigation, and Appellate Review
21:Lawyering in the Private Sector, Yun-chien Chang and Ching-Fang Hsu
22:Agendas, Decisions, and Autonomy: How Government Lawyers Shape Judicial Behavior, Tommaso Pavone
23:Agenda Setting, Ivar Hartmann and Diego Werneck
24:The Form and Function of Oral Arguments in High Courts, Jay Krehbiel

6 - Opinions
25:Dissents and Other Separate Opinions, Katalin Kelemen
26:Studying Judicial Citations and Citation Data, Jens Frankenreiter
27:Language Choices, Elliot Ash

7 - Relations Within, Between, and Among Courts
28:Leadership in Courts, Henrik Litleré Bentsen and Jon Kåre Skiple
29:Panel Effects on Courts Around the World, Cynthia L. Ostberg and Matthew E. Wetstein
30:Referrals, Benjamin Bricker, Matthew J. Gabel, and Clifford J. Carrubba
31:Judge Networks, Björn Dressel
32:Hierarchies of Justice, Ori Aronson

8 - Judicial Independence
33:Threats to Judicial Independence, Alex Schwartz
34:Developing Judicial Independence, Brad Epperly
35:Conceptualizing and Measuring Judicial Independence, Frans van Dijk

9 - Courts and Society
36:Public Opinion and Legitimacy, Russell Smyth
37:Courts and Transitional Justice, Elin Skaar
38:Compliance with Judicial Decisions, Courtney Hillbrecht
39:Courts as Agents of Change, Gerald Rosenberg

10 - On the Frontiers of Comparative Judicial Behavior
40:The Conceptual Challenge to Measuring Ideology Challenges, Kevin Cope
41:Research Communities and the Collective Investment in Data Infrastructure, Jeff Staton
42:Artificial Intelligence and Judging, Anthony Niblett