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Full-Text Articles in Jurisprudence

Why Supreme Court Justices Are Famous(最高法院大法官因何知名), Meng Hou Apr 2006

Why Supreme Court Justices Are Famous(最高法院大法官因何知名), Meng Hou

Hou Meng

No abstract provided.


The Abuse Of Rights And The Rule Of Law, Gianluigi Palombella Jan 2006

The Abuse Of Rights And The Rule Of Law, Gianluigi Palombella

Gianluigi Palombella

This article deals with the abuse that can be committed in the name of rights and of the rule of law, not against them. It explains the general characteristics of the concept of abuse from a legal point of view, on the part of the holder of a public power or of a right. Moreover, it addresses the way to identify the abuse itself by the means of legal arguments, and principles. Finally, it shows how resorting to the problem of abuse of power has been used as a tool for recognizing the habeas corpus to detainees in Guantanamo by …


Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit Jan 2006

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Nancy Levit

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …


The Policy-Making Process Of Supreme People Court: Power Strategy And Information Selection(最高法院公共政策的运作:权力策略与信息选择), Meng Hou Jan 2006

The Policy-Making Process Of Supreme People Court: Power Strategy And Information Selection(最高法院公共政策的运作:权力策略与信息选择), Meng Hou

Hou Meng

No abstract provided.