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Articles 121 - 136 of 136
Full-Text Articles in Law
Deciding, Curtis E.A. Karnow
Deciding, Curtis E.A. Karnow
Curtis E.A. Karnow
Review of cognitive fallacies judges may encounter, such as expectation fallacies, cognitive dissonance, narrative fallacies and generally problems with associative reasoning
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Curtis E.A. Karnow
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Meghan J. Ryan
An unprecedented number of Americans are currently behind bars. Our high rate of incarceration, and the high bills that it generates for American taxpayers, has led to a number of proposals for sentencing reform. For example, a bill recently introduced in Congress would roll back federal mandatory minimum sentences for certain drug offenders, and the Obama Administration has announced a plan to grant clemency to hundreds of non-violent drug offenders. Perhaps the most revolutionary proposal, though, is one advanced by the drafters of the Model Penal Code, namely that judges be given the power to resentence offenders who have been …
El Juez Constitucional Ante El Juicio De Ponderación, Juan Luis Hernández Macías
El Juez Constitucional Ante El Juicio De Ponderación, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Mathilde Cohen
Cognitive Fallacies Reading List, Curtis E.A. Karnow
Cognitive Fallacies Reading List, Curtis E.A. Karnow
Curtis E.A. Karnow
Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.
The Chilean Constitutional Tribunal And The 2005 Amendment. A Castling Between Career And Academic Judges, Sergio Verdugo Sverdugor@Udd.Cl, Diego Pardow
The Chilean Constitutional Tribunal And The 2005 Amendment. A Castling Between Career And Academic Judges, Sergio Verdugo Sverdugor@Udd.Cl, Diego Pardow
Sergio Verdugo R.
After a constitutional amendment in 2005, the Chilean Constitutional Tribunal is becoming more active in exercising its powers against the executive branch. This effect is mainly due to a castling in the composition of the court between career judges and justices coming from the academia. Chilean judges have had a long-standing reputation of being deferential with the government and of following a rule of unanimity. That attitude, however, goes beyond partisan affiliation. As it is shown in this paper, the changes in the behavior of the court seems to be more related with a change in the underlying legal culture, …
Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder
Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder
Nancy S. Marder
No abstract provided.
Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam
Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Literary Justice, Scott Dodson, Ami Dodson
Literary Justice, Scott Dodson, Ami Dodson
Scott Dodson
This microsymposium essay empirically (and somewhat humorously) measures which current U.S. Supreme Court justice is the most literate, as determined by citations to great works of literary fiction. It further identifies the justices' favorite literary authors. Consistent with the mission of the Green Bag, the essay is meant to be lighthearted and entertaining, but it also recognizes the underlying importance of the intersection of legal opinion-writing and literary fiction.
Democracia E Autogoverno Da Magistratura Na Itália - A Experiência Do Conselho Superior Da Magistratura, Eduardo Meira Zauli Dr.
Democracia E Autogoverno Da Magistratura Na Itália - A Experiência Do Conselho Superior Da Magistratura, Eduardo Meira Zauli Dr.
Eduardo Meira Zauli
This paper deals with the problem of the relationship between the self-government of judiciary and democratic system. The role of judicial councils in contemporary democracies, and particularly the status and the roles played by the Superior Council of the Italian Magistracy (CSM) in the legal and political system of Italy is object of analysis. For such a reconstruction of the emergence and evolution of the CSM is taken, and then presented their main institutional characteristics. Then we present some of the weaknesses of the performance of CSM in the field of professional evaluation and disciplinary power and its relations with …
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
Law And Economics In Der Welt Des Zivilrechts: Die Situation Brasilianischer Gerichte, Mariana Pargendler, Bruno Meyerhof Salama
Law And Economics In Der Welt Des Zivilrechts: Die Situation Brasilianischer Gerichte, Mariana Pargendler, Bruno Meyerhof Salama
Bruno Meyerhof Salama
Judicial Priorities, Bert I. Huang, Tejas N. Narechania