Results 21 to 30 of about 265 (130)
The Defence of Public Necessity
The Modern Law Review, Volume 88, Issue 5, Page 973-997, September 2025.This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse.
Samuel Beswick
wiley +1 more source
Exposing the crumbling justification for absolute prosecutorial discretion in youth filing decisions
Family Court Review, Volume 63, Issue 3, Page 401-414, July 2025.Abstract Can absolute prosecutorial discretion in youth charging decisions—like that allowed under Title 16 in the District of Columbia—continue to withstand legal, scientific, and policy‐based scrutiny? The recently‐approved Restatement of Children and the Law adds to the weight of authorities casting further doubt on the wisdom of such discretion ...
Nina A. Herth, Chinh Q. Le
wiley +1 more source
Law, Justice and Reason‐Giving
Journal of Empirical Legal Studies, Volume 22, Issue 2, Page 243-266, June 2025.ABSTRACT Reason‐giving is a hallmark of judicial decision‐making. However, many judicial decisions are not accompanied by detailed reasons—or any reasons at all. Judicial reason‐giving serves various goals, including constraining judges' discretion. The very engagement in writing and the enhanced accountability that comes with the provision of written ...
Ori Katz, Eyal Zamir
wiley +1 more source
The Modern Law Review, Volume 88, Issue 2, Page 389-403, March 2025.In R (on the application of Imam) v London Borough of Croydon, the Supreme Court considered the relevance of a local authority's resources on the curial discretion as to remedy in judicial review. This question was addressed in the context of a breach of the authority's duty under section 193(2) of the Housing Act 1996 to secure suitable accommodation ...
Lia Lawton
wiley +1 more source
Hacia la constitucionalidad del diseño procesal de los medios de impugnación
Revista de Derecho PolíticoEl diseño del sistema de recursos no es incondicional desde el punto de vista constitucional, sino que debe ser revisado, no dando por hechas conclusiones que se han asentado en las tradiciones de algunos Estados.
Jordi Nieva Fenoll
doaj +1 more source
Administrative Law as a Source of Rights
The Modern Law Review, Volume 88, Issue 2, Page 366-388, March 2025.This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power.
Megan Pfiffer
wiley +1 more source
Courts and democratic backsliding: A comparative perspective on the United States
Law &Policy, Volume 46, Issue 4, Page 349-357, October 2024.Abstract This article argues that courts in the United States are comparatively less likely to be captured than those of many other countries and more able to resist an authoritarian populist regime, but also somewhat more likely to facilitate democratic backsliding on their own account.
Stephen Gardbaum
wiley +1 more source
INTERPRETATION OF ARTICLE 74 – ZAPATA HERMANOS V HEARTHSIDE BAKING – WHERE NEXT?
Nordic Journal of Commercial Law, 2004 The facts are simple. The Mexican seller supplied biscuit tins to the American firm for over four years. The American firm failed to pay for the tins and were subsequently sued in the Federal District Court of Illinois.1 Besides winning the action the ...
Bruno Zeller
doaj +2 more sources
A REPERCUSSÃO GERAL E O WRIT OF CERTIORARI: BREVE DIFERENCIAÇÃO
Revista da Seção Judiciária do Rio de Janeiro, 2010 A repercussão geral, instituto introduzido no direito brasileiro pela Lei nº 11.418/2006 é normalmente apontado pela doutrina como sucedâneo do writ of certiorari norte-americano.
Vitor Tadeu Carramão Mello
doaj
The effect of securities litigation risk on firm value and disclosure
Contemporary Accounting Research, Volume 41, Issue 3, Page 1785-1818, Fall 2024.Abstract Critics assert that securities class actions are economically burdensome and yield minimal recoveries, whereas proponents claim they deter wrongdoing. We examine key events in the recent Goldman Sachs Supreme Court case to test the net effect of securities litigation risk on shareholder value.
Dain C. Donelson +3 more
wiley +1 more source