Results 31 to 40 of about 75,365 (214)

Law, Justice and Reason‐Giving

open access: yesJournal 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

Thinking Legally about Remedy in Judicial Review: R (on the application of Imam) v London Borough of Croydon

open access: yesThe 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

Legal Uniformity in American Courts

open access: yesJournal of Empirical Legal Studies, Volume 16, Issue 3, Page 448-478, September 2019., 2019
Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits cause legal nonuniformity, are an impediment to lawyering and judging, and have practical consequences ...
Deborah Beim, Kelly Rader
wiley   +1 more source

Lawrence v. Florida: Applications for Post-Conviction Relief Are [PDF]

open access: yes, 2007
On February 20, 2007 , the Supreme Court announced its decision in Lawrence v. Florida, seeking to address confusion surrounding the tolling of a one-year statute of limitations applicable to federal habeas corpus ...
Richardson-Royer, Elizabeth
core   +1 more source

Administrative Law as a Source of Rights

open access: yesThe 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

open access: yesLaw &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

Of Civil Wrongs and Rights: \u3cem\u3eKiyemba v. Obama\u3c/em\u3e and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 [PDF]

open access: yes, 2013
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside ...
Vaughns, Katherine L.   +1 more
core   +1 more source

The effect of securities litigation risk on firm value and disclosure

open access: yesContemporary 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

A REPERCUSSÃO GERAL E O WRIT OF CERTIORARI: BREVE DIFERENCIAÇÃO

open access: yesRevista 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  

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