Coase-Sandor Working Paper Series in Law and Economics

Publication Date

2014

Publication Title

Coase-Sandor Working Paper Series in Law and Economics

Abstract

Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary across jurisdictions depending on institutional and contextual factors.

Number

676

Included in

Law Commons

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