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Full-Text Articles in Law
Discontinuous Tradition Of Sentencing Discretion: Koon's Failure To Recognize The Reshaping Of Judicial Discretion Under The Guidelines, The, Ian Weinstein
Faculty Scholarship
Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law. Those who decry judicial discretion urge legislatures to enact more specific laws and leave less room for the vice of inconsistent results. Those who defend discretion would channel it to achieve the virtue of individualized justice. The tension between individualization and uniformity in the law is often unnecessarily heightened by an inadequate analysis of judicial discretion. The exercise …
Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson
Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson
Faculty Scholarship
Stewart Pollock knows how to make a play. On his favorite kind of court - the kind with a net in the middle - he can set up the winning volley with a perfectly placed approach shot. On the court on which he served for the past twenty years, the New Jersey Supreme Court, Justice Pollock proved himself an equally gifted playmaker, earning a reputation as one who could forge consensus through judicial craftsmanship and common sense. Appellate judging is a team sport, though one would hardly know it by looking at recent United States Supreme Court cases, with all …
Judicial Hostility Toward Labor Unions--Applying The Social Background Model To A Celebrated Concern , James J. Brudney, Sara Schiavoni, Deborah J. Merritt
Judicial Hostility Toward Labor Unions--Applying The Social Background Model To A Celebrated Concern , James J. Brudney, Sara Schiavoni, Deborah J. Merritt
Faculty Scholarship
Brudney, Schiavoni, and Merritt address an important debate dividing lawyers And political scientists: To what extent do extra doctrinal factors such as political party, gender, and professional experience influence judicial decision making? They analyze an area of law, decisions interpreting the National Labor Relations Act, that has long been characterized by assertions of Judicial bias. By including every federal court of appeals decision applying the Act over a seven year period, and controlling for both deference to the administrative agency and differences among issues arising under the Act, the authors are able to identify previously undetected influences on judicial decision …