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Articles 31 - 41 of 41
Full-Text Articles in Jurisprudence
Realism About Judges, Richard A. Posner
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Northwestern University Law Review
No abstract provided.
A Typology Of Judging Styles, Corey Rayburn Yung
A Typology Of Judging Styles, Corey Rayburn Yung
Northwestern University Law Review
This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Northwestern University Law Review
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell
Northwestern Journal of Law & Social Policy
An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
Northwestern Journal of International Law & Business
In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Northwestern Journal of International Law & Business
In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.
European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston
European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston
Northwestern Journal of International Law & Business
This article aims to provide a fairly succinct, practical analysis of the way in which the Court of Justice of the European Communities (the "supreme court" for all questions of interpretation arising under the EEC, ECSC and Euratom Treaties) has developed one particular fundamental principle of Community law, the doctrine of "legitimate expectations". The emphasis throughout is not only on the exact legal formulation of the doctrine, but also on whether or not the doctrine can be said to match up to expectations that, economically, might be regarded as "legitimate". Before embarking on the substance, it may be useful to …
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
Northwestern Journal of International Law & Business
Two recent United States District Court opinions examine the question of when a federal court may invoke the "implication" doctrine which permits them "to create a private right of action from a federal statute that does not expressly provide for [a] private remed[y]. . . ." Both of the cases raise the issue of implication as it applies to the antiboycott provision of the Export Administration Act (EAA). Plaintiffs in both Bulk Oil (Zug) A.G. v. Sun Co., and Abrams v. Baylor College of Medicine, claimed an implied private right to bring an action for damages and in addition, alleged …
The European Economic Community -- A Profile, Utz P. Toepke
The European Economic Community -- A Profile, Utz P. Toepke
Northwestern Journal of International Law & Business
To enable those readers who may be unfamiliar with the history and structure of the European Economic Community to better understand the articles in this symposium, Dr. Toepke reviews the background, the institutions and the underlying theory of this unique legal phenomenon.
Are Human Rights Good For International Business , Anthony D'Amato
Are Human Rights Good For International Business , Anthony D'Amato
Northwestern Journal of International Law & Business
When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …