Academic

Guthrie, Rachlinski, & Wistrich on Executive Branch Justice

By Lawrence Solum

Chris Guthrie, Jeffrey J. Rachlinski and Andrew J. Wistrich (Vanderbilt University - School of Law, Cornell Law School and Independent) have posted The Hidden 'Judiciary': An Empirical Examination of Executive Branch Justice on SSRN. Here is the abstract:

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.

Highly recommended.

Full post as published by Legal Theory Blog on April 09, 2009 (boomark / email).