Browsing Vanderbilt Law School Faculty Works by Author "Edelman, Paul H."

Now showing items 1-20 of 32

    • All or Nothing: Explaining the Size of Supreme Court Majorities 
      Edelman, Paul H.; Sherry, Suzanna (North Carolina Law Review, 2000)
      In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
    • The Allocation Problem in Multiple-Claimant Representatives 
      Edelman, Paul H.; Nagareda, Richard A.; Silver, Charles, 1957- (Supreme Court Economic Review, 2006)
      Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
    • Burden of Proof: A Review of Math on Trial 
      Edelman, Paul H.; Edelman, Paul H. (American Mathematical Society, 2013)
      In "Math on Trial," Leila Schneps and Coralie Colmez write about the abuse of mathematical arguments in criminal trials and how these flawed arguments "have sent innocent people to prison" (p. ix). Indeed, people "saw their ...
    • Corporate Voting 
      Edelman, Paul H.; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2009)
      Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
    • Corporate Voting and the Takeover Debate 
      Thomas, Randall S., 1955-; Edelman, Paul H. (Vanderbilt Law Review, 2005)
      For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
    • Corporate Voting and the Takeover Debate 
      Edelman, Paul H.; Thomas, Randall S., 1955- (Vanderbilt Law Review, 2005)
      For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
    • A Derivatives Market in Legal Academia 
      Edelman, Paul H. (Green Bag 2D, 2009)
      Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and ...
    • The Dimension of the Supreme Court 
      Edelman, Paul H. (Constitutional Commentary, 2004)
      In a paper published in the Proceedings of the National Academy of Sciences, Lawrence Sirovich introduced two novel mathematical techniques to study patterns in recent Supreme Court decisions. One of these methods, information ...
    • Distributing Attorney Fees in Multidistrict Litigation 
      Edelman, Paul H.; Cheng, Edward K.; Fitzpatrick, Brian T. (Journal of Legal Analysis, 2021)
      As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
    • Duel Diligence: Second Thoughts About the Supremes as the Sultans of Swing 
      Edelman, Paul H.; Chen, Jim, 1966- (Southern California Law Review, 1996)
      We respond to Professor Lynn A. Baker's criticisms of our article, The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics. Professor Baker fundamentally misunderstands our measure of Supreme Court voting ...
    • Getting the Math Right: Why California Has Too Many Seats in the House of Representatives 
      Edelman, Paul H. (Vanderbilt Law Review, 2006)
      Over the last 40 years of one person, one vote jurisprudence, the Supreme Court has distilled a stable and predictable test for resolving the basic numerical issue in equal representation: how much population difference ...
    • Is Groton the Next "Evenwel"? 
      Edelman, Paul H. (Michigan Law Review Online, 2018)
      In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ...
    • The Law and Large Numbers 
      Edelman, Paul H. (Constitutional Commentary, 2002)
      Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resemblances to mathematics. One might view the Constitution and various statutes as providing "axioms" for ...
    • The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices 
      Edelman, Paul H.; Chen, Jim, 1966- (Minnesota Law Review, 2001)
      Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
    • The Most Dangerous Justice Rides into the Sunset 
      Edelman, Paul H.; Chen, Jim, 1966- (Constitutional Commentary, 2007)
      In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
    • The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics 
      Edelman, Paul H.; Chen, Jim, 1966- (Southern California Law Review, 1996)
      We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One ...
    • Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author? 
      Edelman, Paul H.; George, Tracey E., 1967- (The Green Bag Almanac & Reader, 2009)
      In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
    • The Myth of the Condorcet Winner 
      Edelman, Paul H. (Supreme Court Economic Review, 2015)
      There is consensus among legal scholars that, when choosing among multiple alternatives, the Condorcet winner, should it exist, is the preferred option. In this essay I will refute that claim, both normatively and positively. ...
    • On Legal Interpretations of the Condorcet Jury Theorem 
      Edelman, Paul H. (Journal of Legal Studies, 2002)
      There has been a spate of interest in the application of the Condorcet Jury Theorem to issues in the law. This theorem holds that a majority vote among a suitably large body of voters, all of whom are more likely than not ...
    • Paradoxes of Fair Division 
      Edelman, Paul H.; Brams, Steven J.; Fishburn, Peter C. (The Journal of Philosophy, 2001)
      Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...