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Articles 1 - 6 of 6
Full-Text Articles in Judges
Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks
Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks
Michigan Law Review
Placing important decisions in the hands of the civil jury - made up of ordinary citizens untrained in the law - has long been criticized. For example, Erwin Griswold, law school dean and Solicitor General of the United States, asked, "Why should anyone think that 12 persons brought in from the street, selected in various ways, for their lack of general ability, should have any special capacity for deciding controversies between persons?" And Jerome Frank, law professor, aggressive legal realist, and judge, argued that juries are uncertain, capricious, and unpredictable, ignorant and prejudiced, poor factfinders, gullible, and incapable of following …
It-Cenit, Horacio M. Lynch, Mauricio Devoto
It-Cenit, Horacio M. Lynch, Mauricio Devoto
Horacio M. LYNCH
En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Scholarly Works
The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Articles
Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
Vanderbilt Law School Faculty Publications
The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing caseload at the circuit court level, the increasing number of judges sitting within each circuit, and the decreasing probability of Supreme Court intervention. The primary method of maintaining coherence and consistency in doctrinal development within a federal circuit is en banc review. Yet, many critics contend that en bane rehearing is a time-consuming, inefficient procedure that fails to serve its intended purpose and too often is abused for political ends. This Article …
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Reports & Public Policy Documents
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …