Measuring Maximizing Judges: Empirical Legal Studies, Public Choice Theory, and Judicial Behavior

In this brief Article, I explore the growing empirical evidence in support of the public choice model of judicial decision making. Although legal scholars have traditionally been reluctant to engage in a critical inquiry into the role of judicial self-interest on judicial behavior, recent empirical studies confirm many of the predictions of the model. As a result, the public choice model has gained broad acceptance across a range of disciplines, courts, and even the U.S. public.