Results 11 to 20 of about 3,032 (247)
When Was Judicial Self-Restraint? [PDF]
SSRN Electronic Journal, 2012 This Essay responds to Judge Posner’s Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal courts. Its central aim is to shed historicizing light on the trajectory of judicial activism by imaginatively rifling through an array of canonical and ...
Huq, Aziz Z.
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Judicial Supremacy and the End of Judicial Restraint [PDF]
, 2012 Judge Posner provides a characteristically thought-provoking analysis of judicial restraint. Unfortunately, by attributing the origin of the doctrine to James Bradley Thayer, Posner misunderstands the concept. For Thayer was not making a new argument.
Kramer, Larry D.
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Judicial Self-Restraint in Labour Law
Industrial Law Journal, 2009 This article considers various examples of the use of reasonableness and proportionality tests in labour law cases. It seeks to analyse and critique the judges’ formulation and application of these tests, drawing on the extensive public law literature on judicial self-restraint or ‘deference’.
Davies, ACL, Davies, Anne
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The Transformation of Judicial Self-Restraint [PDF]
, 2012 In his Jorde Symposium Essay, Judge Richard Posner identifies three forms of judicial restraint. He then argues that the third type, Thayerian judicial restraint characterized by a strong reluctance to declare legislative or executive action unconstitutional unless the unconstitutionality is so clear that it is not open to rational question, has ...
Karlan, Pamela S.
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Was There Ever Such a Thing as Judicial Self-Restraint [PDF]
, 2019 Richard Posner's version of judicial self-restraint implies that individual Justices who embrace restraint would tend to uphold the constitutionality of a law even if it went against their preferences or ideology.
Landes, William M., Epstein, Lee
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Pragmatism and Judicial Restraint
Athens Journal of Law, 2015 This paper examines the tradition and influence of pragmatism and judicial restraint in American legal culture. In order to better understand the intellectual foundation of this tradition, I will examine the jurisprudence of James Bradley Thayer and Oliver Wendell Holmes.
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Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi
, 2016 Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial ...
Wicaksana Dramanda, Dramanda, Wicaksana
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American Journal of Community Psychology, EarlyView.Abstract If sexual assault survivors report the assault to the criminal legal system, they often need informal support from family and friends throughout the long and frequently retraumatizing process of investigation and prosecution. This study is part of a long‐term community‐based participatory action research project in a predominately Black ...
Rebecca Campbell +4 more
wiley +1 more source
The Politics of Framing the Student Problem: Inquiries Into Australian Civics Education, 2006–2024
Australian Journal of Social Issues, EarlyView.ABSTRACT Recurring debates about civics, the kinds of history that should, and should not, be taught in school, and ‘standards debates’ about the ‘basics’ typically follow on the heels of recurring moral panics about the ‘declining’ state of ‘our’ education system.
Patrick O'Keeffe +2 more
wiley +1 more source
Surface Charges Guided Quasi‐TEM‐mode Microwave Propagation along Dielectric Nanowire
Advanced Physics Research, EarlyView.According to Maxwell's equations, a single‐conductor transmission line cannot allow TEM‐mode electromagnetic wave propagation, however, this is based upon the assumption that dielectric material is isolated from the environment. In practice, surface electrostatic charges widely existed in nano‐materials with large surface‐to‐volume ratio.
BoYan Xu +7 more
wiley +1 more source