Results 41 to 50 of about 2,047 (210)
Stare Decisis and Intersystemic Adjudication [PDF]
, 2022 Interpreting and following precedent is a complicated business. Various reasonable but conflicting methods of ascertaining the legal effect of precedent exist.
Varsava, Nina
core +3 more sources
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
Legal Uniformity in American Courts
Journal of Empirical Legal Studies, Volume 16, Issue 3, Page 448-478, September 2019., 2019 Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits cause legal nonuniformity, are an impediment to lawyering and judging, and have practical consequences ...
Deborah Beim, Kelly Rader
wiley +1 more source
Stare Decisis and Constitutional Text [PDF]
, 2011 Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Court of the United States resolves constitutional cases.
Mitchell, Jonathan F.
core +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’s role in our constitutional system. Broadly speaking, two camps have emerged. The first
Brennan-Marquez, Kiel
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
Framing a Knowledge Base for a Legal Expert System Dealing with Indeterminate Concepts
The Scientific World Journal, Volume 2015, Issue 1, 2015., 2015 Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise.
Michał Araszkiewicz +4 more
wiley +1 more source
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
World Medical &Health Policy, Volume 16, Issue 3, Page 260-272, September 2024.Abstract With the next pandemic likely not far off, the debate over the suitability of a broad, general vaccination mandate (GVM) goes on. This essay proposes a novel argument in favor of GVM—one based on the reality that left to its own devices, executive power, from governments to the local administration and even corporations, tends anyway to impose
Ciprian N. Radavoi
wiley +1 more source
Has the UK Supreme Court Become More Restrained in Public Law Cases?
The Modern Law Review, Volume 87, Issue 5, Page 1073-1110, September 2024.In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn.
Lewis Graham
wiley +1 more source