William Baude Writes About Forum Shopping
Models of Forum Shopping
There are a few different ways to think about the differences between judges, and about the related problem of forum shopping:
On one model, all judges are exactly the same. They all apply the law, which has uniquely right answers. It never matters who your judge is, because they will all apply the law, and all reach the right answer.
On a second model, there are two kinds of judges: fair, and unfair. Fair judges are basically the same. They all apply the law, which has uniquely right answers. But there are also unfair judges, who don't apply the law. So it matters whether you get a fair judge or an unfair judge.
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