Foreword: The Supreme Court's Shadow Docket
W Baude - NYUJL & Liberty, 2015 - HeinOnline
ABSTRACT The 2013 Supreme Court Term provides an occasion to look beyond the Court's
merits cases to the Court's shadow docket-a range of orders and summary decisions that …
merits cases to the Court's shadow docket-a range of orders and summary decisions that …
[图书][B] Reflections on judging
RA Posner - 2013 - books.google.com
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present
the main obstacles to coping with the dizzying pace of technological advance. Posner calls …
the main obstacles to coping with the dizzying pace of technological advance. Posner calls …
Personal Precedent at the Supreme Court
RM Re - Harv. L. Rev., 2022 - HeinOnline
Personal precedent is a judge's presumptive adherence to her own previously expressed
views of the law. This Essay shows that personal precedent both does and should play a …
views of the law. This Essay shows that personal precedent both does and should play a …
[图书][B] Judicial dissent in European constitutional courts: A Comparative and Legal Perspective
K Kelemen - 2017 - taylorfrancis.com
Dissent in courts has always existed. It is natural and healthy that judges disagree on legal
issues of a certain importance and difficulty. The question is if it is reasonable to conceal …
issues of a certain importance and difficulty. The question is if it is reasonable to conceal …
Precedent as Permission
RM Re - Tex. L. Rev., 2020 - HeinOnline
The essence of precedent is that it binds judges, requiring certain outcomes and foreclosing
others. 1 Or so we are led to believe. 2 But what if precedent does or should instead operate …
others. 1 Or so we are led to believe. 2 But what if precedent does or should instead operate …
Professional irresponsibility and judicial opinions
N Varsava - Hous. L. REv., 2021 - HeinOnline
ABSTRACT In the United States, the style of judicial opinions is subject to little formal
constraint, and judges exercise sweeping rhetorical discretion in their opinion writing. Some …
constraint, and judges exercise sweeping rhetorical discretion in their opinion writing. Some …
Ideology All the Way Down-An Empirical Study of Establishment Clause Decisions in the Federal Courts
IDEOLOGY "ALL THE WAY DOWN"? AN EMPIRICAL STUDY OF ESTABLISHMENT
CLAUSE DECISIONS IN THE FEDERAL COURTS Page 1 IDEOLOGY "ALL THE WAY …
CLAUSE DECISIONS IN THE FEDERAL COURTS Page 1 IDEOLOGY "ALL THE WAY …
Our Kardashian Court (and How to Fix It)
S Sherry - Iowa L. Rev., 2020 - HeinOnline
The Supreme Court is broken. After cataloging its dysfunctions, this Article suggests a
contributing cause and proposes a solution. The contributing cause is that Justices have …
contributing cause and proposes a solution. The contributing cause is that Justices have …
The Lottery Docket
D Epps, W Ortman - Mich. L. Rev., 2017 - HeinOnline
The Supreme Court today has nearly boundless power to decide which cases it will hear.
This was not always so. Until 1891, litigants in many classes of cases could appeal to the …
This was not always so. Until 1891, litigants in many classes of cases could appeal to the …
Visiting judges
MK Levy - Calif. L. Rev., 2019 - HeinOnline
In February 2015, the Ninth Circuit issued an opinion in a closely followed insider-trading
case, United States v. Salman.'The issue at handwhether evidence of a family relationship …
case, United States v. Salman.'The issue at handwhether evidence of a family relationship …