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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 ...
Gennaioli, Nicola, Shleifer, Andrei
core   +9 more sources

A Child-Centered Framework for Determining Mental Distress Severity and Liability: Evidence from Chinese Judicial Practice [PDF]

Behavioral Sciences
Compensation for mental distress in preschool children is a crucial mechanism for protecting their personality rights, yet current judicial practice in China relies heavily on judicial discretion and lacks child-sensitive standards for determining ...
Qidi Xue, Dongqing Yu, Zexin Zhang
doaj   +2 more sources

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
doaj   +2 more sources

HERMENEUTICS FLEXIBLE AND JUDICIAL DISCRETION

Revista Eletrônica do Curso de Direito da UFSM, 2016
This article aims to discuss judicial discretion in the application of legal principles in the context of liquid modernity. This article, through the literature review method, demonstrate the consequences and dangers in the use of interpretative methods ...
Eduardo Augusto Salomão Cambi, Luna Stipp   +1 more
doaj   +3 more sources

'Effective Judicial Review Is of the Essence of the Rule of Law': Challenging Common Foreign and Security Policy Measures Before the Court of Justice [PDF]

European Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 671-697 | Article | (Table of Contents) I. Introduction. - II. The legal framework. - III. Limiting the Court's jurisdiction. - IV. The Exception: judicial review of CFSP
Marise Cremona
doaj   +3 more sources

Judicial Discretion in Corporate Bankruptcy [PDF]

Judicial Discretion in Corporate Bankruptcy
This version: December 2007 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. A key finding is
Gennaioli, Nicola, Rossi, Stefano
openaire   +2 more sources

DISCRETIONARY TRENDS AND CONTRADICTIONS OF LEGAL PRACTICE: INDIVIDUAL MANIFESTATIONS AND OPTIMIZATION TECHNOLOGIES [PDF]

Legal Bulletin, 2022
The article is devoted to the analysis of the negative manifestations of the discretion of subjects of judicial, law enforcement and advocacy as a functionally significant potential determining its systemic and functional trends and contradictions.
VALIEV R.G.
doaj   +1 more source

Continuing the Discussion on Administrative Discretion

Сибирское юридическое обозрение, 2023
The article continues the discussion on the topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by the editors of the journal “Siberian Law Review” on the pages of two previous issues of the ...
S. A. Starostin
doaj   +1 more source

Administrative Discretion: Questions and Answers (Part 1)

Сибирское юридическое обозрение, 2023
This material opens a series of scientific publications planned by the editors of the Siberian Law Review journal, the Authors of which analyze the problem of administrative discretion (discretion), which is very relevant for Russian administrative legal
P. P. Serkov, Yu. P. Solovey
doaj   +1 more source

CRUISING DOWN THE STREETS OF JUDICIAL DISCRETION: CONSTRUING THE EQUITABLE RELIEF IN COMMON-LAW BANGLADESH [PDF]

სამართალი და მსოფლიო, 2023
Anizman Philip states that discretion starts at the dusk of law and has the potential to inflict justice and injustice. The legal realm of common-law Bangladesh historically evolved from stare decisis, which is mostly discretion in the conventionally ...
Syed Menhazul Bari
doaj   +1 more source