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Articles 1 - 4 of 4
Full-Text Articles in Law
Judicial Mindsets: The Social Psychology Of Implicit Theories And The Law, Victor D. Quintanilla
Judicial Mindsets: The Social Psychology Of Implicit Theories And The Law, Victor D. Quintanilla
Articles by Maurer Faculty
This article introduces Dr. Carol Dweck’s seminal and significant line of psychological research on the phenomenon of implicit theories and draws on this research as a lens through which we might better understand judicial decision-making. In particular, the article focuses on the implications of two types of implicit theories – whether people believe that phenomena are static and fixed versus dynamic and malleable. By introducing this research, this article aims to forward a research agenda designed to examine how social, contextual, and situational forces influence judicial behavior.
An entity theory reflects the mindset that phenomena are fixed and unlikely to …
The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation, Leandra Lederman
The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation, Leandra Lederman
Articles by Maurer Faculty
The question of how much deference courts should accord agency interpretations of statutes is a high-profile and important issue that affects both rulemaking and case outcomes. What level of deference should courts accord an agency regulation or other rule that an agency has issued opportunistically, during the course of related litigation? This important question has arisen in numerous cases, including the 2011 U.S. Supreme Court decision in Mayo Foundation for Medical Education and Research v. United States, a case involving a Treasury regulation.
To answer the question, the Article analyzes the law on judicial deference to tax authorities generally, as …
Can The Rule Of Law Survive Judicial Politics?, Charles G. Geyh
Can The Rule Of Law Survive Judicial Politics?, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Judicial Selection Reconsidered: A Plea For Radical Moderation, Charles G. Geyh
Judicial Selection Reconsidered: A Plea For Radical Moderation, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.