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Jurisprudence Commons

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Articles 1 - 8 of 8

Full-Text Articles in Jurisprudence

The Judicial Reform In China: The Status Quo And Future Directions, Ji Weidong Jan 2013

The Judicial Reform In China: The Status Quo And Future Directions, Ji Weidong

Indiana Journal of Global Legal Studies

This article shows that Chinese adjudication is in a dilemma: on one hand, the judicial discretion is extensive; on the other hand, public opinion supervision is adopted to control the discretion. In fact, the public opinion and judicial discretion could co-exist and compliment one another. There is no objective and stable framework regulating both. There are attempts aiming to completely negate the judicial discretion, such as computer sentencing. A strange logic of judicial reform exists in China: either eliminating the judicial discretion through such mechanical methods as computer sentencing in the hope to guarantee judgment in conformity with the law; …


Roberts’ Rules: The Assertiveness Of Rules-Based Jurisprudence, Joseph Blocher Jan 2011

Roberts’ Rules: The Assertiveness Of Rules-Based Jurisprudence, Joseph Blocher

Faculty Scholarship

No abstract provided.


United States V. Leveto, Jennifer Steward Jan 2009

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.


The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio Jun 2006

The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio

Washington and Lee Law Review

No abstract provided.


Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater Apr 2002

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.


Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis Jan 2000

Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis

The Journal of Appellate Practice and Process

The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.


Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.


Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas Jan 1990

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.