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Full-Text Articles in Law
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Neal E. Devins
No abstract provided.
Government Lawyers And The New Deal, Neal Devins
'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng
'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng
Neal E. Devins
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
The Power To Bind: Dicta In Theory And Practice, Neal E. Devins, David E. Klein
Neal E. Devins
The distinction between dicta and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dicta. Specifically, federal court of appeals meaningfully invoke the distinction in about 1 in 5, 000 cases; federal district courts in about 1 in 3,000 cases; and state courts in about 1 in 3,000 cases. In this essay, we report these findings, describe our coding system, and offer a preliminary …