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Endogenous cases and the evolution of the common law

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  • Giri Parameswaran

Abstract

I develop a dynamic model of judge‐made law in which the ideal legal rule is unknown but can be learned. In contrast to existing articles, the flow of cases heard by the court is affected by the court's prior decisions. The model highlights the significance of this feedback in explaining when and why the court will write broader or narrower opinions, and the long‐run properties of common law. In equilibrium, the law settles endogenously, because the incentives to make legally controversial choices disappear as the law evolves. Settled law exhibits residual uncertainty and ambiguity, and potentially implements inefficient outcomes.

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  • Giri Parameswaran, 2018. "Endogenous cases and the evolution of the common law," RAND Journal of Economics, RAND Corporation, vol. 49(4), pages 791-818, December.
    • Handle: RePEc:bla:randje:v:49:y:2018:i:4:p:791-818
    DOI: 10.1111/1756-2171.12252
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    Cited by:

    1. Cosnita-Langlais, Andreea & Tropeano, Jean-Philippe, 2022. "Learning by litigating: An application to antitrust commitments," International Journal of Industrial Organization, Elsevier, vol. 80(C).
    2. Ying Chen & Hulya Eraslan, 2018. "Learning While Setting Precedents," Koç University-TUSIAD Economic Research Forum Working Papers 1810, Koc University-TUSIAD Economic Research Forum.
    3. Maggi, Giovanni & Staiger, Robert W., 2020. "Learning by ruling and trade disputes," Journal of International Economics, Elsevier, vol. 126(C).
    4. Álvaro Bustos & Nuno Garoupa, 2020. "An Integrated Theory of Litigation and Legal Standards," Documentos de Trabajo 536, Instituto de Economia. Pontificia Universidad Católica de Chile..

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