Books

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Judicial Reputation: A Comparative Theory (with Tom Ginsburg) (2015)

Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and...

 

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O Governo da Justiça (2011)

The governance of the judiciary in Portugal.

 

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Criminal Law and Economics (2009)

Criminal Law and Economics applies economic theory to explain crime, law enforcement, criminal law and...

 

Articles

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Do Lawyers Induce Litigation? Evidence from Spain, 2001-2010 (with Juan Mora-Sanguinetti), International Review of Law and Economics (2016)

There are important theoretical reasons to support the idea that lawyers induce litigation. However, estimating...

 

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Do Specialized Courts Make a Difference? Evidence from Brazilian State Supreme Courts (with Carolina Arlota), European Business Law Review (2016)

Specialized courts have been a panacea of legal reform in Europe in the last ten...

 

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Explaining Divorce Rate Determinants: New Evidence from Spain (with Dolores Jiménez-Rubio and Virginia Rosales), Applied Economic Letters (2016)

This article develops a first exploratory approach to assess the main determinants of divorce rates...

 

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Do Administrative Courts Favor the Government? Evidence from Medical Malpractice in Spain (with Nuno Garoupa), European Journal of Tort Law (2015)

A standard argument against specialized administrative courts in the tradition of civil law jurisdictions is...

 

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Judicial Review and Political Partisanship: Moving from Consensual to Majoritarian Democracy (with Veronica Grembi), International Review of Law and Economics (2015)

Due to the collapse of the party system during the mid-nineties, Italy represents an interesting...

 

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The Law of Police (with Richard McAdams and Dhammika Dharmapala), University of Chicago Law Review (2015)
 

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A Law and Economics Perspective on Legal Families (with Mariana Pargendler), European Journal of Legal Studies (2014)

The relationship between comparative law and the field of economics is increasingly important, but controversial....

 

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Addressing Federal Conflicts: An Empirical Analysis of the Brazilian Supreme Court, 1988-2010, Review of Law and Economics (2014)

We test the extent to which political variables can explain judicial behavior in the Brazilian...

 

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Delegation, Discretion, and Deference in Comparative Administrative Law (with Jud Matthews), American Journal of Comparative Law (2014)

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices....

 

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Globalization and Deregulation of Legal Services, International Review of Law and Economics (2014)

In a series of influential papers, Larry Ribstein (2010, 2011) delivered his vision about the...

 

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Measuring Judicial Ideal Points in New Democracies: The Case of the Philippines (with Lucia Dalla Pellegrina and Laarni Escresa), Asian Journal of Law and Society (2014)

This paper extends the empirical analysis on the determinants of judicial behaviour by measuring the...

 

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Choosing Between the Government and the Regions: An Empirical Analysis of the Italian Constitutional Court Decisions (with Lucia Dalla Pellegrina), European Journal of Political Research (2013)

We test the extent to which political variables can explain the behavior of constitutional judges...

 

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Delays in Medical Malpractice Litigation in Civil Law Jurisdictions: Some Evidence from the Italian Court of Cassation (with Veronica Grembi), Health Economics, Policy and Law (2013)

Medical malpractice law and tort reform are contentious issues in the United States. A vast...

 

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Judging Under Political Pressure: An Empirical Analysis of Constitutional Review Voting in the Spanish Constitutional Court (with Fernando Gomez and Veronica Grembi), Journal of Law, Economics and Organization (2013)

In this paper we study the extent to which decisions by the Spanish Constitutional Court...

 

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Judicial Roles in Non-Judicial Functions (with Tom Ginsburg), Washington University Global Studies Law Review (2013)

Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways,...

 

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On the Judicial Interest Rate: Towards a Law and Economics Theory (with Hugo Acciarri), Journal of European Tort Law (2013)

While all legal systems implement a form of prejudgment or post-judgment interest, literature on substantive...

 

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Stare Decisis and Certiorari Arrive to Brazil: A Comparative Law and Economics Approach (with Angela de Santa Cruz Oliveira), Emory International Law Review (2013)

Two important legal reforms in court procedure have taken place in Brazil recently: súmula vinculante...

 

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Testing the Logic of Strategic Defection: The Case of the Philippine Supreme Court, 1986-2010 (with Laarni Escresa), Asian Journal of Political Science (2013)

It has been argued that, under certain conditions, judges are motivated to engage in strategic...

 

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Does Immigration Cause Crime? Evidence from Spain (with César Alonso-Borrego and Pablo Vázquez), American Law and Economics Review (2012)

The relationship between crime and immigration has been a matter of controversy in the US...

 

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Judicial Ideal Points in New Democracies: The Case of Taiwan (with Lucia Dalla Pellegrina and Shirley Lin), National Taiwan University Law Review (2012)

This paper extends the empirical analysis of the determinants of judicial behavior by estimating the...

 

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Judicial Politics in Unstable Democracies: The Case of the Philippine Supreme Court, An Empirical Analysis 1986-2010 (with Laarni Escresa), Asian Journal of Law and Economics (2012)

In this paper we investigate empirically the determinants of judicial behavior at the Philippine Supreme...

 

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Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court (with Marian Gili and Fernando Gómez-Pomar), Journal of Empirical Legal Studies (2012)

This paper develops an empirical analysis of judicial behavior in the Spanish Supreme Court, a...

 

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The Efficiency of the Common Law: The Puzzle of Mixed Legal Families (with Carlos Gomez), Wisconsin International Law Journal (2012)

Many legal economists have suggested that the common law system is more conducive to economic...

 

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The Evolution of the Common Law and Efficiency (with Carlos Gomez), Georgia Journal of International and Comparative Law (2012)

The efficiency of the common law hypothesis has generated a large bulk of literature in...

 

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The Fable of the Codes: The Efficiency of the Common Law, Legal Origins & Codification Movements (with Andrew P. Morriss), University of Illinois Law Review (2012)

The superior efficiency of the common law has long been a staple of the law...

 

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Why Not Adopt a Loser-Pays-All Rule in Criminal Litigation? (with Luciana Echazu), International Review of Law and Economics (2012)

In this paper we consider the potential effects that the application of a loser-pays-all rule...

 

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Building Reputation in Constitutional Courts: Party and Judicial Politics (with Tom Ginsburg), Arizona Journal of International and Comparative Law (2011)

This paper explains how specialized constitutional courts navigate between the demands of two different external...

 

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Choosing Judges in Brazil: Reassessing Legal Transplants from the U.S. (with Angela de Santa Cruz Oliveira), American Journal of Comparative Law (2011)

This paper explains how judges are selected in Brazil at both state and federal levels,...

 

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Empirical Legal Studies and Constitutional Courts, Indian Journal of Constitutional Law (2011)

The U.S. Supreme Court has been the focus of much attention by empirical scholars for...

 

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Explaining Constitutional Review in New Democracies: The Case of Taiwan (with Veronica Grembi and Shirley Lin), Pacific Rim Law & Policy Journal (2011)

This paper extends the empirical analysis of the determinants of judicial behavior by considering the...

 

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Hybrid Judicial Career Structures: Reputation v Legal Tradition (with Tom Ginsburg), Journal of Legal Analysis (2011)

Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures...

 

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The Brady Rule May Hurt the Innocent (with Matteo Rizzolli), American Law and Economics Review (2011)

Mandatory disclosure of evidence (the so-called Brady rule) is considered to be among the most...

 

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The Investigation and Prosecution of Regulatory Offences: Is There an Economic Case for Integration? (with Anthony I. Ogus and Andrew Sanders), Cambridge Law Journal (2011)

The separation of investigation and prosecution is prevalent in the criminal justice system. The institutional...

 

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The Judiciary in Political Transitions: The Critical Role of U.S. Constitutionalism in Latin America (with Maria Alejandra Maldonado), Cardozo Journal of International and Comparative Law (2011)

This paper proposes a theory that explains how political transitions deal with incumbent judiciaries. We...

 

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The Law and Economics of Legal Parochialism, University of Illinois Law Review (2011)

Law and economics is influential in American legal scholarship, but not as much elsewhere. Different...

 

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The Syndrome of the Efficiency of the Common Law (with Carlos Gomez), Boston University International Law Journal (2011)

Our paper is a methodological critique of the recent legal origins literature. We start by...

 

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Assessing the Argument for Specialized Courts: Evidence from Family Courts in Spain (with Natalia Jorgensen and Pablo Vazquez), International Journal of Law, Policy and the Family (2010)

Specialized courts have become a key component of the legal reform packages implemented in civil...

 

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Corruption and the Distortion of Law Enforcement Effort (with Luciana Echazu), American Law and Economics Review (2010)

We consider the distortions that corruption generates in law enforcement. Corruption dilutes deterrence, and hence...

 

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Decoupling as Transactions Tax (with Chris William Sanchirico), Journal of Legal Studies (2010)

In an influential paper Polinsky and Che (1991) propose that litigation can be made a...

 

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Legislatures, Judges, and Parole Boards: The Allocation of Discretion Under Determinate Sentencing (with Dhammika Dharmapala and Joanna M. Shepherd), Florida Law Review (2010)

The most significant development in criminal sentencing in recent decades has been the shift from...

 

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Reputation, Information and the Organization of the Judiciary (with Tom Ginsburg), Journal of Comparative Law (2010)

We make three claims. First, reputation matters. Virtually every theory of judicial power is dependent,...

 

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State Liability (with Giuseppe Dari-Mattiacci and Fernando Gomez), European Review of Private Law (2010)

Should states be liable towards individuals for failure to provide justice, good roads or timely...

 

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Least Cost Avoidance: The Tragedy of the Common Safety (with Giuseppe Dari-Mattiacci), Journal of Law, Economics and Organization (2009)

This paper shows that the least cost avoider approach in tort is not necessarily the...

 

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Guarding the Guardians: Judicial Councils and Judicial Independence (with Tom Ginsburg), American Journal of Comparative Law (2009)

This paper uses comparative evidence to inform the ongoing debate about the selection and discipline...

 

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Judicial Audiences snf Reputation: Perspectives from Comparative Law (with Tom Ginsburg), Columbia Journal of Transnational Law (2009)

Part I lays out why incentives and audiences matter. We explain the idea of judicial...

 

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Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal (with Sofia Amaral Garcia and Veronica Grembi), Journal of Empirical Legal Studies (2009)

In this paper we test to what extent the Kelsenian-type of constitutional judges are independent...

 

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The Comparative Law and Economics of Judicial Councils (with Tom Ginsburg), Berkeley Journal of International Law (2009)

In recent decades, many countries around the world have institutionalized judicial councils, institutions designed to...

 

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The Market for Legal Innovation: Law and Economics in Europe and the United States (with Thomas S. Ulen), Alabama Law Review (2008)

There have been a large number of innovations in legal scholarship in the U.S. legal...

 

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Cashing by the Hour: Why Large Law Firms Prefer Hourly Fees Over Contingent Fees (with Fernando Gomez), Journal of Law, Economics and Organization (2008)

Large law firms seem to prefer hourly fees over contingent fees. This paper provides a...

 

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Providing a Framework for the Reform of the Legal Profession: Insights from the European Experience, European Business Organization Law Review (2008)

Many governments, and the European Commission, have engaged in active reforms of the legal profession...

 

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The Scope of Criminal Law and Criminal Sanctions: an Economic View and Policy Implications (with Roger Bowles and Michael Faure), Journal of Law and Society (2008)

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions...

 

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Why Plea-Bargaining Fails to Achieve Results in So Many Criminal Justice Systems: A New Framework for Assessment (with Frank Stephen), Maastricht Journal of European and Comparative Law (2008)

The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite...

 

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Do Divorce Law Reforms Matter for Divorce Rates? Evidence from Portugal (with Clarisse Coelho), Journal of Empirical Legal Studies (2006)

The effect of divorce law reforms on divorce rates in the United States and elsewhere...

 

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A Strategic Interpretation of Legal Transplants (with Anthony Ogus), Journal of Legal Studies (2006)

In this paper we provide a strategic explanation for the spontaneous convergence of legal rules...

 

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The Choice of Titling Systems in Land (with Benito Arrunada), Journal of Law and Economics (2005)

This paper analyzes the choice of the socially optimal titling system assuming rational individual choices...

 

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Forfeiture of Illegal Gain: An Economic Perspective (with Roger Bowles and Michael Faure), Oxford Journal of Legal Studies (2005)

Legislation enabling courts to confiscate or remove illegal gain has grown rapidly across a wide...

 

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Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties (with Fernando Gomez), American Law and Economics Review (2004)

Though clearly distinct in nature and procedure, both regulatory agencies and courts frequently rely on...

 

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Dynamic Law Enforcement with Learning (with Mohamed Jellal), Journal of Law, Economics and Organization (2004)

This article modifies a standard model of law enforcement to allow for learning by doing....

 

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Penalty Enhancement for Hate Crimes: An Economic Analysis (with Dhammika Dharmapala), American Law and Economics Review (2004)

This article develops an economic analysis of penalty enhancements for bias-motivated (or "hate") crimes. Our...

 

Unpublished Papers

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Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal (with Sofia AmaralGarcia and Veronica Grembi), University of Illinois Legal Working Paper Series (2008)

In this paper we test to what extent the Kelsenian-type of constitutional judges are independent...

 

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The Unsolvable Dilemma of a Paretian Policymaker (with Giuseppe Dari-Mattiacci), George Mason University School of Law Working Papers Series (2004)

In this paper, we argue that social decisionmaking is subject to a fundamental conflict between...

 

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Scope of Liability, The Vanishing Distinction between Negligence and Strict Liability (with Pablo Salvador Coderch, Nuno Garoupa, and Carlos Gomez-Liguerre), Latin American and Caribbean Law and Economics Association (ALACDE) Annual Papers (2004)

Duty of care cannot be used anymore as the touchstone to differentiate negligence from strict...

 

Other

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The Economics of Judicial Councils (with Tom Ginsburg), Berkeley Program in Law & Economics (2007)

In recent decades, many countries around the world have institutionalized judicial councils of some sort....

 
CASHING BY THE HOUR: WHY LARGE LAWFIRMS PREFER HOURLY FEES OVER CONTINGENT FEES (with Fernando Gomez-Pomar), German Working Papers in Law and Economics (2006)
 
Regulation of Professions in the US and Europe: A Comparative Analysis, American Law & Economics Association Annual Meetings (2006)
 
Sentencing Guidelines and TIS Legislation, Judges and Parole Boards: Has Bargaining Power Changed in Sentencing? (with Dhammika Dharmapala and Joanna Shepherd), American Law & Economics Association Annual Meetings (2006)
 
Sentencing Guidelines, TIS Legislation, and Bargaining Power (with Dhammika Dharmapala and Joanna M. Shepherd), American Law & Economics Association Annual Meetings (2006)
 
The Just World Bias and Hate Crime Statutes (with Dhammika Dharmapala and Richard H. McAdams), American Law & Economics Association Annual Meetings (2006)
 

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The Just World Bias and Hate Crime Statutes (with Dhammika Dharmapala and Richard H. McAdams), University of Illinois Legal Working Paper Series (2006)

The issue of whether and how to justify penalty enhancements for hate crimes against members...

 

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A Law and Economics Perspective on Terrorism (with Jonathan Klick and Francesco Parisi), George Mason University School of Law Working Papers Series (2005)

This paper reviews the existing law and economics literature on crime, noting where various models...

 

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Scope of Liability, The Vanishing Distinction between Negligence and Strict Liability (with Pablo Salvador-Coderch and Carlos Gomez-Liguerre), Berkeley Program in Law & Economics (2004)

Duty of care cannot be used anymore as the touchstone to differentiate negligence from strict...

 

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The Virtuous Circle of Distrust: A Mechanism to Deter Bribes and Other Cooperative Crimes (with Robert Cooter), Berkeley Program in Law & Economics, Working Paper Series (2000)

Some crimes involve the cooperation of two or more criminals for mutual gain. Instead of...

 

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REPUTATION AND HONESTY IN A MARKET FOR INFORMATION (with Gary B. Charness), Department of Economics, UCSB (1998)

Previous works on asymmetric information in asset markets tend to focus on the potential gains...