Results 41 to 50 of about 21,915 (191)
The future of dispute resolution in international trade
Applied Economic Perspectives and Policy, Volume 47, Issue 4, Page 1336-1356, September 2025.Abstract Given ongoing dysfunction of the World Trade Organization's Appellate Body, the focus of this article is on the future of trade dispute resolution, with evaluation of two questions: (i) What is the current status of WTO dispute resolution as compared to that conducted through existing preferential trade agreements (PTAs)? and (ii) What are the
Ian Sheldon, Daniel C. K. Chow
wiley +1 more source
Stare Decisis as Judicial Doctrine [PDF]
, 2010 Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course.
Kozel, Randy J, Kozel, Randy J.
core +3 more sources
Composing senselessness: Autoethnography after homicide
Anthropology and Humanism, Volume 50, Issue 1, June 2025.Abstract Not all narratives create meaning, or create the same kinds of meaning; instead, some stories amplify meaninglessness, which—it is argued—is its own form of sense‐making. This article examines how meaning is formulated through narrative in the absence of a meaningful death, specifically in the context of a motiveless murder.
Jerome Arrow
wiley +1 more source
Judicial precedent in Ukraine and the U.S. doctrine of stare decisis: a functional comparison
Аналітично-порівняльне правознавствоThe article offers a functional comparison between the legal conclusions of the Supreme Court of Ukraine and the United States doctrine of stare decisis. The study rejects the conventional binary claim that precedent either exists or does not exist in a
T. S. Artemenko
doaj +1 more source
Law, Justice and Reason‐Giving
Journal of Empirical Legal Studies, Volume 22, Issue 2, Page 243-266, June 2025.ABSTRACT Reason‐giving is a hallmark of judicial decision‐making. However, many judicial decisions are not accompanied by detailed reasons—or any reasons at all. Judicial reason‐giving serves various goals, including constraining judges' discretion. The very engagement in writing and the enhanced accountability that comes with the provision of written ...
Ori Katz, Eyal Zamir
wiley +1 more source
All Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the (ex-post) temptation to be excessively lenient.
Alessandro Riboni +2 more
core +1 more source
Public pension contract minimalism
American Business Law Journal, Volume 61, Issue 4, Page 303-309, Winter 2024.Abstract The national pension debt and COVID crises have collided. Post‐pandemic economic decline has escalated existing financial strains on state and local pension plans, impacting workers and the public welfare. With unfunded obligations exceeding one trillion dollars, many of these plans are in jeopardy.
T. Leigh Anenson, Hannah R. Weiser
wiley +1 more source
Originalism and Stare Decisis [PDF]
, 2017 The question whether stare decisis is compatible with originalism has occupied both originalists and their critics. In this Essay, I explore what light Justice Scalia’s approach to precedent casts on that question.
Barrett, Amy Coney
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Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board
The Modern Law Review, Volume 87, Issue 6, Page 1586-1602, November 2024.McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non‐steroidal anti‐inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient.
Clark Hobson
wiley +1 more source
, 2022 The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged in open debate echoing decades of scholarship-about the doctrine\u27s role in our constitutional system. Broadly speaking, two camps have emerged.
Brennan-Marquez, Kiel
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