Results 11 to 20 of about 20,213 (267)

THE “STATE OF THE ART” OF THE CLAIM IN THE STF AND STJ:IS SCHRÖDINGER'S CAT ALIVE-DEAD?

open access: yesRevista Eletrônica de Direito Processual, 2021
This article aims to analyze the state of the art of the Constitutional Claim in the Supreme Federal Court and in the Superior Court of Justice, since each court has an understanding about the appropriateness of such an institute.
Júlio César Rossi   +1 more
doaj   +1 more source

USING PRECEDENTS FOR REDUCTION OF DECISION TREE BY GRAPH SEARCH [PDF]

open access: yesНаучно-технический вестник информационных технологий, механики и оптики, 2015
The paper considers the problem of mutual payment organization between business entities by means of clearing that is solved by search of graph paths. To reduce the decision tree complexity a method of precedents is proposed that consists in saving the ...
I. A. Bessmertny   +2 more
doaj   +1 more source

Precedent and Fairness

open access: yesSSRN Electronic Journal, 2021
AbstractCourts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly.
openaire   +1 more source

CONSTITUTIONAL COMPLAINT: AN ALTERNATIVE FOR OVERCOMING PRECEDENT CONSIDERING THE OBSTACLE IMPOSED BY ARTICLE 1.030 OF THE BRAZILIAN CODE OF CIVIL PROCEDURE

open access: yesRevista Eletrônica de Direito Processual, 2019
The constitutional complaint is a typically Brazilian legal institute, which emerged in the jurisprudence of the Supreme Court (STF) and gained extreme importance throughout its historical phases, especially since its codification in the Code of Civil ...
Tatiane Costa de Andrade
doaj   +1 more source

Generative Reading of Architectural Precedents and their use in the design process [PDF]

open access: yesهنر اسلامی, 2023
Referring to Precedents and studying them in the design process is a common activity performed by designers and if done correctly can help them solve design problems and lead to the formation of creative ideas.
Alireza Karimi   +2 more
doaj   +1 more source

PROSPECTIVE OVERRULING: BALANCE OF AN AFFAIR

open access: yesRevista Eletrônica de Direito Processual, 2018
The article addresses the topic of prospective overruling, as a technique for modifying precedents, and limits the retroactive effectiveness of judicial decisions.
Remo Caponi
doaj   +1 more source

THE SYSTEM OF PRECEDENTS IN THE BRAZILIAN LEGAL SYSTEM: AN ANALYSIS IN THE LIGHT OF THE CRIMINAL GUARANTEE

open access: yesRevista Eletrônica de Direito Processual, 2021
This paper addresses the issue of judicial precedents and its application in the criminal procedure in the light of penal guarantee. It begins from the contextualization of precedents, the analysis of the possibility of applying civil procedural rules to
Mariane de Matos Aquino   +1 more
doaj   +1 more source

Precedence-Constrained arborescences

open access: yesEuropean Journal of Operational Research, 2023
The minimum-cost arborescence problem is a well-studied problem in the area of graph theory, with known polynomial-time algorithms for solving it. Previous literature introduced new variations on the original problem with different objective function and/or constraints. Recently, the Precedence-Constrained Minimum-Cost Arborescence problem was proposed,
Chou, Xiaochen   +3 more
openaire   +3 more sources

Reasoning with persuasive precedent: the role of persuasive authority in the law

open access: yesTeoria Jurídica Contemporânea, 2017
: This paper attempts to draw the attention to the role of persuasive authority in the law, by providing a critical review of Frederick Schauer's influential account of persuasive authorities as optional authorities.
Joaquín Reyes Barros
doaj   +1 more source

SUPREME COURTS AND BÜLOWIAN’S INHERITANCE IN THE JURISPRUDENCIALIZATION OF THE LAW

open access: yesRevista Eletrônica de Direito Processual, 2019
The present article aims to present that the model of Supreme Courts for the formation and application of precedents is the continuity of what is advocated in Process Theory as a legal relationship of Oskar von Bülow, with the demonstration of its ...
Luis Gustavo Reis Mundim   +1 more
doaj   +1 more source

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