This seminar will examine the theoretical and empirical literature on whether and when the law is better made through decentralized or centralized processes. The focus will be on judicial lawmaking. Some applications that we may discuss include: common lawmaking versus legislating; the desirability of universal/nationwide injunctions; the desirability of class actions and multi-district consolidation; specialized versus generalist courts; the optimal size of federal courts of appeals and other questions about the structure of and procedures in the judicial branch. Students will write weekly papers in response to the readings in lieu of a research paper. Enrollment limited.
