Judges Commons^™

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Here Comes The Judge! Gender Distortion On Tv Reality Court Shows, Taunya Lovell Banks

Taunya Lovell Banks

In the judicial world of television court shows women constitute a majority of the judges and where non-white women and men dominate. In real life most judges are white and male. This essay looks at the gender and racial composition and demeanor of these television reality judges. It asks whether women TV reality judges behave differently from their male counterparts and whether women’s increased visibility as judges on daytime reality court shows reinforces or diminishes traditional negative stereotypes about women, especially non-white women.

An Independent Judiciary: The Life And Writings Of Robert N.C. Nix, Jr., Phoebe Haddon

Phoebe A. Haddon

No abstract provided.

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer

Jana B. Singer

This article explores the role of judges on two types of “problem-solving courts”: drug treatment courts and unified family courts. It compares the behavior these “problem-solving” judges to more traditional models of judicial behavior and to activist judging at the appellate level. The authors conclude that the judges who serve on these problem-solving courts have largely repudiated the classical judicial virtues of restraint, disinterest and modesty in favor of a more activist and therapeutic stance. However, the causes and consequences of this role-shift are complex. In particular, the authors suggest that the proliferation of problem solving courts and judges is …

Opinion Writing And Opinion Readers, Meehan Rasch

Meehan Rasch

The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …

L'Épreuve Orale. Les Magistrats Administratifs Face Aux Audiences De Reconduite À La Frontière, Mathilde Cohen

Mathilde Cohen

We Have Met The Special Interests, And We Are They, Michael R. Dimino

Michael R Dimino

The Effects Of Different Forms Of Risk Communication On Judicial Decision Making, Richard E. Redding, John Dolores

Richard E. Redding

When mental health experts provide information to courts on the results of a risk assessment conducted on a defendant or patient, they engage in “risk communication.” We examined the effects of four different forms of risk communication (prediction, categorical, risk factors/risk management, or hybrid) on judges’ (n = 253) perceptions of risk assessment evidence introduced in a case where they must decide whether to release from the hospital an individual found not guilty by reason of insanity. Judges who received information in the risk factors/risk management form were more likely to release the patient than were those who received prediction …

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …

The Missouri Plan In National Perspective, Stephen Ware

Stephen Ware