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11 Apr 2024, 1:25 pm by Christine Corcos
We also show that changes in the sentencing distribution were coincident with a reduction in judicial discretion, an increase in sentence predictability, and an expansion in the criminal justice system along the extensive margin. [read post]
11 Apr 2024, 1:25 pm
We also show that changes in the sentencing distribution were coincident with a reduction in judicial discretion, an increase in sentence predictability, and an expansion in the criminal justice system along the extensive margin. [read post]
11 Apr 2024, 1:13 pm by Donald Clarke
[This system] formally went into operation on July 1, 2023. [read post]
11 Apr 2024, 6:06 am by Shadi Sadr
The Constitution bars women from top political positions, allowing them limited judicial roles requiring male endorsement. [read post]
11 Apr 2024, 4:00 am by Eric Berger
  Stare decisis, after all, is an important legal value, and judges' role in our system is to apply the law, not to make it. [read post]
10 Apr 2024, 3:45 pm by Jacob Fishman
Laura Coordes, Bankruptcy Law in the United States in Are Legal Systems Converging or Diverging? [read post]
10 Apr 2024, 2:17 pm by Jordan Rothman
One of the fundamental underpinnings of our judicial system is that transparency leads to a fairer and more just legal process. [read post]
10 Apr 2024, 10:33 am by Josh Blackman
It would end the most targeted form of judge shopping, where plaintiffs game a district's case-assignment system by filing in a small division staffed by one or two judges. [read post]
10 Apr 2024, 10:08 am by Mitch Stoltz
It’s just that today, with MPA president Charles Rivkin openly calling on Congress “to enact judicial site-blocking legislation here in the United States,” the MPA is taking its mask off. [read post]
10 Apr 2024, 4:30 am by Lawrence Solum
After outlining the role morality of reason-giving by judicial officers in our system of judicial review, this Essay provides an overview of the psychology of reasoning by analogy by both lawyers and lay persons and the role of generality, systematicity, and rules of relevance in constructing such analogies. [read post]
9 Apr 2024, 10:01 pm by rhapsodyinbooks
 44), formally “An Act to amend the Judicial System of the United States” and sometimes called the Circuit Judges Act of 1869, increased the size of the Supreme Court to nine justices and established separate judgeships for the U.S. circuit courts, allotting each Supreme Court justice one of the nine circuits in which that justice had to attend at least one term in each of the circuit’s districts every two years. [read post]
9 Apr 2024, 9:36 pm by Saloni Khanderia
This approach aligns with the adversarial system common to most common law jurisdictions, where courts are not expected to determine the applicable law proactively. [read post]
9 Apr 2024, 9:01 pm by renholding
”[25] Ultimately, the court concluded that “the unusual circumstances of this case” weighed heavily in favor of allowing the court to oversee the claims allowance, including that an arbitral process could potentially exclude other parties in interest from participating,  that the dispute was one of the most important issues in the case, and that there was a risk of delay associated with arbitration.[26]  Judge Goldblatt also considered how an arbitration decision would be… [read post]
9 Apr 2024, 8:55 pm by Lawrence Solum
It centers on the constitutional provisions, amendments, and notable judicial decisions that have contributed to this objective. [read post]
9 Apr 2024, 3:52 pm
SWITZERLAND(Application no. 53600/20)JUDGMENT Art 34 • Victim • Locus standi • Separate key criteria set out for establishing victim status of individual applicants and locus standi (representation) of associations in climate-change context • Need for effective protection of Convention rights taking into account special features of this phenomenon without undermining the exclusion of actio popularis from the Convention system • In case-circumstances… [read post]
”  In 2018, the ABA issued a call to action that urged lawyers to oppose attacks on judges and defend the judicial system’s independent nature. [read post]
9 Apr 2024, 10:28 am
BASF's Appellate Law Sections presents a (virtual) Roundtable Discussion with Justice Monique Langhorne Wilson on April 10 at noon.Law360 has Attys Have Duty To Defend Judges, ABA President SaysThe American Bar Association's president on Monday warned that attacks on judges and the U.S. court system have skyrocketed in recent years and urged lawyers to stand up for the judicial process by defending judges who are unjustly criticized.Ronald Davis, the director of the… [read post]
8 Apr 2024, 10:08 am by admin
In the wake of the Daubert decision, expert witnesses quickly saw that they can obscure the search for validity by the reliance upon published studies, and frustrate the goals of judicial gatekeeping. [read post]