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Full-Text Articles in Law

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence?, Gerald R. Ferrera, Mystica M. Alexander Jan 2010

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence?, Gerald R. Ferrera, Mystica M. Alexander

Jonathan J. Darrow

Judicial reasoning found in appellate court decisions creates the substantive law relied upon to formulate policy in the private and public sector. Inevitably some will be adamantly opposed to the decisions and will participate in public debate to formulate change. This paper argues that judicial reasoning is based on a judicial philosophy supported by a theory that, once recognized and understood, enables a greater appreciation of judges’ decisions. A number of prominent judicial philosophers are identified and their philosophy is explained using current landmark cases. The final part of the paper uses the United States Supreme Court decision of Ricci ...


Seeing Subtle Racism, Pat K. Chew Jan 2010

Seeing Subtle Racism, Pat K. Chew

Articles

Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant racist incidents rather than more subtle examples of racial intimidation, humiliation, or exclusion. But some groundbreaking jurists are cognizant of the reality and harm of subtle bias - and are acknowledging them in their analysis in racial harassment cases. While not yet widely recognized, the jurists are nonetheless creating important precedents for a re-interpretation of racial harassment jurisprudence, and by extension, employment discrimination jurisprudence ...


Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, Sarah M. R. Cravens Dec 2009

Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, Sarah M. R. Cravens

Sarah M. R. Cravens

No abstract provided.