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Judicial Fact Discretion [PDF]
The Journal of Legal Studies, 2006 Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion in finding facts, which explains the practitioners ...
Nicola Gennaioli, Andrei Shleifer
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Judicial Discretion in Corporate Bankruptcy [PDF]
Review of Financial Studies, 2010 We study a demand and supply model of judicial discretion in corporate bankruptcy. On the supply side, we assume that bankruptcy courts may be biased for debtors or creditors, and subject to career concerns. On the demand side, we assume that debtors (and creditors) can engage in forum shopping at some cost.
Nicola Gennaioli, Stefano Rossi
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Hartʼs judicial discretion revisited [PDF]
Revus, 2023 The Harvard Law Review recently, for the first time, published Hart’s essay titled “Discretion”. It is a carefully arranged version of the lecture which he gave at Harvard in 1956. This essay fills significant gap in Hart's work concerning judicial reasoning. In my paper attention is devoted to his conception of judicial discretion, its two main types (
Goran Dajović
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Economic Justification of Judicial Discretion
Studia Iuridica Lublinensia, 2020 The thesis of this article is that judicial discretion can be justified by economic reasons. Therefore, the work is divided into three parts. First, there are presented two basic approaches towards judicial discretion which are present in Polish legal ...
Tomasz Guzik
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Gender inequality and judicial discretion in Muslims divorce of Indonesia
Cogent Social Sciences, 2023 Divorce of Muslims should be carried out in court, as opposed to the classical fiqh teachings still adhered to in some countries. In practice, this process is still gender biased and detrimental to women.
Ramadhita Ramadhita +2 more
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Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control [PDF]
Studia Iuridica Lublinensia, 2020 In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative ...
Hiroshi Kaneko
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Decision or norm: Judicial discretion as a treat to the rule of law [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2012 Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range.
Avramović Dragutin
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Problema. Anuario de Filosofía y Teoría del Derecho, 2011 Resumen:El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajesque se han convertido en iconos de la teoria juridica. Este articulo seconcentra en el capitulo 7, seccion 1 y 2, y en los comentarios que realizaraHart sobre la discrecion judicial en el contexto de la bien conocidacritica de Dworkin a esta misma idea en su ensayo “El ...
Roger A. Shiner
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Judicial Discretion as a Result of Systemic Indeterminacy [PDF]
Canadian Journal of Law & Jurisprudence, 2020 The topic of ‘judicial discretion’ has been at the center of the debate on legal interpretation in the philosophy of law.1 In a general sense, ‘discretion’ here refers to the exercise of a judgment by a decision-maker due to the lack of legal constraints affecting one’s ability to decide a case. The most fundamental question on this topic is ‘do judges
Sebastián A. Reyes Molina
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Judicial Discretion in Patent Causes [PDF]
The Yale Law Journal, 1914 Wm. Macomber
semanticscholar +4 more sources