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Cognitive Style and Judging

Gregory Mitchell and Philip E. Tetlock

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0017
Subject:
Psychology, Forensic Psychology

An important dimension of judicial decisions little studied by social scientists is the scope of a court's opinion. Traditional political science studies of judging emphasize the political valence of ... More


The American Unification

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0003
Subject:
Law, Comparative Law

By looking at the decisions of the United States Supreme Court, this chapter argues that what characterises American judicial discourse is precisely the fact it integrates its formalist and its ... More


Judicial Opinions

William Domnarski

in Federal Judges Revealed

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter presents the oral histories of judges regarding judicial opinions. The courts of appeal are charged with the task of reviewing the decisions of the lower district courts and use the ... More


The Sliding Scales

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0008
Subject:
Law, Comparative Law

This chapter analyses the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice based on a couple of clear and concise comparative theses. These ... More


Judicial Decisions and Judicial Opinions

MARCUS GEORGE SINGER

in The Ideal of a Rational Morality: Philosophical Compositions

Published in print:
2003
Published Online:
October 2011
ISBN:
9780198250210
eISBN:
9780191681264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250210.003.0009
Subject:
Philosophy, Moral Philosophy

This chapter considers the relation between judicial decisions and judicial opinions — more specifically, the question whether opinions are necessary ... More


Concluding Postscript

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0012
Subject:
Law, Comparative Law

This book has proposed an organisational prism for the comparative understanding of the judicial systems of France, the United States, and the European Union, one that turns on the bifurcated or ... More


Losing Twice: The Lottery

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0010
Subject:
Law, Constitutional and Administrative Law

The indifference of justices, both to the harm they inflict on constitutional stature and to the opportunities they have to enhance their legitimacy by honoring stature, can run deep. This chapter ... More


Why Read the Opinions?

Paul W. Kahn

in Making the Case: The Art of the Judicial Opinion

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explains that casebooks no longer teach students to read judicial opinions. Instead, they offer highly edited excerpts of opinions, which are arranged to convey the same sort of ... More


Constitutional Stature: Equality and Consent Expectations

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0003
Subject:
Law, Constitutional and Administrative Law

In rights disputes, justices who call a loser's constitutional stature into question inflict significant harm. This chapter argues that we would be well advised to think more deeply about the ... More


One Why Read the Opinions?

Paul W. Kahn

in Making the Case: The Art of the Judicial Opinion

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explains that casebooks no longer teach students to read judicial opinions. Instead, they offer highly edited excerpts of opinions, which are arranged to convey the same sort of ... More


The Warren Court on Exclusion: Mapp v. Ohio, then Retreat

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0011
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the significance of Mapp v. Ohio. Mapp was the first decision to interpret the Due Process Clause to impose on the states the same substantive constitutional criminal procedure ... More


Grounds of Review: Basic Features of the Constitution

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0004
Subject:
Law, Constitutional and Administrative Law

In Kesavananda Bharati v. State of Kerala, the Indian Supreme Court announced the basic structure doctrine, but it fell to later decisions to elaborate on the nature and character of basic features ... More


Making the Case: The Art of the Judicial Opinion

Paul W. Kahn

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.001.0001
Subject:
Law, Constitutional and Administrative Law

This book introduces law students to the art of reading judicial opinions. At the same time, it offers an innovative theory of the nature of legal argument, emphasizing the roles of rhetoric, ... More


The Art of Harm Amelioration

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0007
Subject:
Law, Constitutional and Administrative Law

Honoring constitutional stature and ameliorating harms inherent in losing a rights dispute requires more from justices than a mere refusal to attack constitutional stature. Honoring constitutional ... More


Two The Opinion and Narrative

Paul W. Kahn

in Making the Case: The Art of the Judicial Opinion

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains that an opinion combines elements of reporting, history, logical deduction, and persuasion. The opinion weaves all of these elements together into a single narrative. Readers ... More


Judging

Mark D. West

in Lovesick Japan: Sex * Marriage * Romance * Law

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449475
eISBN:
9780801461026
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449475.003.0001
Subject:
Society and Culture, Asian Studies

This chapter illustrates what it means to be a member of the Japanese judiciary using a fictional character known as Judge Tanaka. Tanaka, an invention of the author, is based on a combination of ... More


The Opinion and Narrative

Paul W. Kahn

in Making the Case: The Art of the Judicial Opinion

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains that an opinion combines elements of reporting, history, logical deduction, and persuasion. The opinion weaves all of these elements together into a single narrative. Readers ... More


The Influence of Felix Frankfurter

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The effect of Weeks and Silverthorne Lumber was that evidence obtained from an unreasonable search and seizure could not be used in a federal prosecution. This judgment—that the exclusionary rule is ... More


Harm to Constitutional Stature in Bowers and Carhart

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter offers examples of rights decisions in which justices' harmful assertions about the losers' constitutional stature were so intertwined with the analysis of the merits of the dispute that ... More


The Burger Court: Uncoupling the Exclusionary Rule from the Constitution

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0050
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on how the appointment of Warren E. Burger as Chief Justice of the United States led to the significant curtailment of the scope of the exclusionary rule. It addresses the ... More


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