Case-by-Case Adjudication and the Path of the Law
本文建立了一个司法裁判模型，分析两类不同政策偏好的法官如何通过逐案裁决影响案例法的演变，发现案例法不太可能反映法官理想点的中点，挑战了平衡极端法官会产生温和法律的常规观点。
This paper presents a model of judging, illustrating how case law evolves when two types of judges with different policy preferences decide cases narrowly. The model shows that case law is unlikely to reflect the midpoint of the judges’ ideal points. The result challenges the conventional wisdom suggesting that balancing ideologically extreme judges will likely yield moderate laws. The model suggests that a centrist executive faced with a sitting extreme left-wing judge should appoint a moderate judge rather than an extreme right-wing judge.