Results 81 to 90 of about 630,673 (354)

Analogy of criminal law as a method of overcoming of its corruptiongenic factors

open access: yesНаука. 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
doaj  

Precedent and United States Administrative Law

open access: yesStudia 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
doaj   +1 more source

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions [PDF]

open access: yes, 2011
This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer\u27s assessment of the defendant\u27s needs.
Schraa, Eugenia
core   +1 more source

Sustainability Performance, Cost of Debt, and Institutional Environment Quality: Global Evidence From the Hospitality and Tourism Industry

open access: yesBusiness Strategy and the Environment, EarlyView.
ABSTRACT This study examines how sustainability performance affects the cost of debt financing in the hospitality and tourism industry and whether institutional environment quality moderates this relationship. Using a dataset of 2302 firm‐year observations from 34 countries between 2010 and 2022, the results show that sustainability performance is ...
Tantawy Moussa   +4 more
wiley   +1 more source

Historical legal aspects of judicial discretion [PDF]

open access: yes, 2015
Стаття присвячена судовому розсуду як можливості суддів ухвалити рішення в кожному конкретному випадку, залежно від конкретних фактів і обставин. Судовий розсуд розглядається в історико-правовому аспекті, від часів Стародавнього Єгипту і Стародавнього ...
Kravchuk, Mykola A.   +1 more
core  

Unpacking the Role of Digital Dynamic Capabilities in ESG Performance: A Social Exchange Perspective on Organizational Trust and Identification

open access: yesBusiness Strategy and the Environment, EarlyView.
ABSTRACT This study examines the role of digital dynamic capabilities (DDCs) in enhancing ESG performance, integrating insights from social exchange theory (SET). By conceptualizing organizational trust and organizational identification as key antecedents of DDCs, we propose that firms fostering trust‐based and identification‐driven environments are ...
Shufeng Xiao   +4 more
wiley   +1 more source

Due Process Land Use Claims After Lingle [PDF]

open access: yes, 2007
The Supreme Court held in Lingle v. Chevron U.S.A. Inc. that challenges to the validity of land use regulations for failing to advance governmental interests must be brought under the Due Process Clause, rather than the Takings Clause, and must be ...
Byrne, J. Peter
core   +1 more source

Gerrymandering Justiciability [PDF]

open access: yes, 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
core   +1 more source

Generative Artificial Intelligence in Violence Risk Assessment: Emerging Technology and the Ethics of the Inevitable

open access: yesBehavioral Sciences &the Law, EarlyView.
ABSTRACT Recent developments in artificial intelligence (AI) have stimulated considerable excitement and discussion regarding the potential impacts on people's lives and work. In particular, proposed and realized applications of generative AI have appeared across multiple industries and domains, including at the intersection of behavioral science and ...
Neil R. Hogan, Gabriela Corăbian
wiley   +1 more source

Agency discretion under judicial review

open access: yesMathematical and Computer Modelling, 1992
This paper analyzes the extent of agency discretion under different assumptions concerning judicial review: a) discrete judicial decision making; b) multi-member courts; c) decision costs at the Courts; d) multi-layer judiciary. The main results of this paper are: a) discrete judicial decision making and decision making costs at the Court generate ...
openaire   +3 more sources

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