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If the Judicial Political Realist account is accurate, in short, the true nature of judicial behavior should be exposed.
A related point made in defense of the legalist approach as a description of actual judicial behavior is that most judicial opinions are legalistic in style.
(2003), "The Study of Judicial Behavior and the Discipline of Political Science," in Maveety, N.
[t] he economic analysis of judicial behavior fundamentally assumes "that judges, like other people, seek to maximize a utility function that includes both monetary and nonmonetary elements (the latter including leisure, prestige, and power)." Not even the most imperialistic of economists would argue that the private interests of judges are the sole determinants of judicial decisions (i.e., that there is no room for noneconomic explanations of judicial decision-making).
Second, what measureable judicial behavior could lead a reasonable person (or a sitting judge) to conclude that a fair trial is "impossible?" Systematic study of these and related issues may further the understanding of the reasonableness of a proposed disqualification determination based on particular behaviors.(235)
Jurisprudence and judicial behavior: Introductory note.
Both Gayle Binion and Sue Davis emphasized the contributions Cook has made to feminist jurisprudence, feminist social history, and judicial behavior. Davis suggested that Cook's most important contribution has been in the agenda she has set for the study of women judges as decision makers.
With the hindsight of nearly eighty years, we know that Pritchett's seemingly small project helped to create a big field (18): Judicial Behavior, which I take to be the theoretical and empirical study (19) of the choices judges make.
This model, which better comports with widespread notions of how legal decisions are actually made, can serve as a more solid foundation for empirical study of judicial behavior than the law-politics divide that oversimplifies the complex relationship between legal materials, values, and normative analysis that is at the heart of legal reasoning.
Moreover, to construct a thin account of judicial virtue without a thicker account of the real world of judging, and the actual and inglorious determinants of judicial behavior, risks leaving us with a very thin broth indeed.
(29) Unlike Boudreaux and Pritchard's criticism, we do not seek to comment on the failure of Landes and Posner to provide a theory of judicial behavior. Instead, we focus on what they have to say (or do not say) about the role that interest groups play in their model.
(10) Critics of the empirical social science literature on judicial behavior have reason for concern, in particular, about the manner in which researchers have sought to measure judicial ideology.

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