Results 61 to 70 of about 327,254 (208)
Analogy of criminal law as a method of overcoming of its corruptiongenic factors
Наука. Инновации. Технологии, 2022 In the present work we discuss the use of criminal law analogy as a method of exclusion of the judicial discretion in the regulation of the most impotent criminal matters not connected with appearance or cessation of legal relationships.
Sergey Anatol’evich Ivanov
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Judicial Discretion to Condition
SSRN Electronic Journal, 2006 The task of judging has been described as the art or science of making discrete choices among competing courses of action. Charged with the mandate to administer justice fairly and equitably, judges are said to have discretion to pursue any lawful course.
openaire +2 more sources
Gerrymandering Justiciability [PDF]
, 2020 As illustrated by its 2019 decision in Rucho v. Common Cause, the Supreme Court has gerrymandered its justiciability doctrines in a way that protects the political power of white voters.
Spann, Girardeau A
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Discretionary Lawmaking and Administrative Law Enforcement
Сибирское юридическое обозрениеThe article examines discretion as both a managerial and procedural principle that constitutes one of the key elements of the system of legal relations inherent in a state governed by the rule of law.
O. I. Beketov, O. A. Kozhevnikov
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Judges' cognition and market order [PDF]
We argue that during the crystallization of common and civil law in the 19th century, the optimal degree of discretion in judicial rulemaking, albeit influenced by the comparative advantages of both legislative and judicial rulemaking, was mainly ...
Benito Arruñada, Veneta Andonova
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Correcting Mandatory Injustice: Judicial Recommendation of Executive Clemency [PDF]
, 2010 In 1987, the United States political and social systems lost trust in the judiciary and severely limited its authority by enacting the mandatory Federal Sentencing Guidelines. During this period, many judges were forced to impose sentences they viewed as
Huang, Joanna M.
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Discretionary Enforcement and Strategic Interactions Between Firms, Regulatory Agency and Justice Department: A Theoretical and Empirical Investigation [PDF]
, 2013 This paper presents a game theoretic morphological analysis of the U.S. environmental authorities’ (i.e., EPA and DOJ) behavioural mechanisms, based on strategic interactions among the players.
Germani, Anna Rita +3 more
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Theories of vagueness and theories of law [PDF]
, 2019 It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice ...
Silk, Alex
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Judicial discretion in criminal law policy. Changing the category of a crime by the court
Russian Journal of Economics and LawObjective: to study the issue of the optimal scale of judicial discretion in Russian criminal legislation and to develop scientifically grounded proposals for improving legal regulation in this area.Methods: dialectical materialism, which involves ...
V. A. Maslov
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Precedent and United States Administrative Law
Studia Iuridica Lublinensia, 2018 In the common law order, precedent is not only a matter of applying law but also of making law. The crucial function of stare decisis is to relieve the appearance of judicial arbitrariness.
William A. Edmundson
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