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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
Judicial Discretion in Corporate Bankruptcy [PDF]
Review of Financial Studies, 2009 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.
Gennaioli, Nicola, Rossi, Stefano
openaire +6 more sources
Understanding judicial discretion
Law and Philosophy, 1982 The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise
Barry Hoffmaster
exaly +5 more sources
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 (
exaly +3 more sources
A Child-Centered Framework for Determining Mental Distress Severity and Liability: Evidence from Chinese Judicial Practice [PDF]
Behavioral SciencesCompensation 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
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 +1 more
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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.
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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
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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
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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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