Agency discretion under judicial review

Sentencing guidelines, judicial discretion and plea bargaining

The United States Sentencing Commission was created to develop federal sentencing guidelines, which restrict judicial discretion and were found to increase the average sentence length while leaving unchanged the likelihood of resolution through plea bargaining. A game theoretic model is developed in which a sentencing commission may impose guidelines or defer to judicial discretion; then a defe...

Discontinuous Tradition of Sentencing Discretion: Koon's Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The

Looked at from a general science of law, the effective individualizing agency in the administration of justice is discretion .... Discretion is an authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience .'

Cognitive Loafing, Social Conformity, and Judicial Review of Agency Rulemaking

Trust and Discretion in Agency Contracts

We extend the standard agency framework to allow for complex information, trustworthiness of the principal, and incomplete contracts and show that contractual incompleteness arises endogenously when there is enough complexity and trust. Several predictions of the standard model break down in our more general construction: trust plays a crucial role in the design of optimal contracts; not all th...

Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing