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Articles 1 - 4 of 4
Full-Text Articles in Judges
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
Implicit Bias In Employment Litigation, Melissa R. Hart
Implicit Bias In Employment Litigation, Melissa R. Hart
Melissa R Hart
Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …
Indian Courts And Social Change: A Case Study Of The ‘Doctrine Of Informed Consent’ In Medical Law And Ethics, Dharmendra Chatur
Indian Courts And Social Change: A Case Study Of The ‘Doctrine Of Informed Consent’ In Medical Law And Ethics, Dharmendra Chatur
Dharmendra Chatur
The doctrine of informed consent in medical law and ethics has a strong grounding in the principle of bodily autonomy and self-determination of human beings. This emphasis on the freedom of every individual to decide what is best for his/her body and health has led to several controversies in the area of medical law and ethics in India and abroad, especially in the United Kingdom. Being a legal and ethical doctrine, ‘informed consent’ has been discarded, accepted, modified and emulated by various judgments of courts. This paper will examine the ingenuity of courts in bringing about social change by upholding …
In Tribute To Judge James R. Browning: The Center Of His Circle, Erin Ryan
In Tribute To Judge James R. Browning: The Center Of His Circle, Erin Ryan
Erin Ryan
This very short essay appeared in an issue of the Montana Law Review honoring the legacy of James R. Browning, Chief Judge Emeritus of the U.S. Court of Appeals for the Ninth Circuit. It contains rememberances of Judge Browning as a person and a jurist, emphasizing the ways he wielded the judicial power as a tool for realizing justice by advancing human dignity.