The Lawyer-Judge Hypothesis

Benjamin H. Barton

Chapter Chapter 9 in The Pursuit of Justice, 2010, pp 169-192 from Palgrave Macmillan

Abstract: Abstract Here is the lawyer-judge hypothesis in a nutshell: if there is a clear advantage or disadvantage to the legal profession in any given question of law, judges will choose the route that benefits the profession as a whole.1 In support of this hypothesis I offer examples drawn from multiple, distinct areas of the law. In so doing I hope to establish the accuracy of the theory and its far-reaching consequences. As a bonus, I also offer a single explanation for a series of puzzling legal anomalies.

Keywords: Legal Profession; Supreme Court Case; Miranda Warning; Commercial Speech; State Supreme Court (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-10949-0_9

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DOI: 10.1057/9780230109490_9

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