Scholars agree that the United States Supreme Court did not discover the general judicial review aspects of Marbury v. Madison (1803) until nearly a century later in 1895. This article reveals that the Mexican Supreme Court, relying heavily on U.S. constitutional sources and quoting Marbury,...

Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published trial court opinions,...

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all...

The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...

The development of any nation solely depends on the social status of women. Women constitute almost one half of the globe's population. Women have been victims of exploitation by male dominated society. Women need to be empowered and men need to be oriented about their obligations towards women....

This article uses insights from cognitive psychology to contrast judge-made law with legislative and executive policy-making. I argue that the predominant narrow conception of reason and rationality have led to overly optimistic views of deliberate policymaking at the expense of traditional...

In recent years, Canada's courts have expressed a number of conflicting views about whether the parol evidence rule can be invoked by or against the Minister of National Revenue (Minister) in tax disputes. Unfortunately, the courts in these cases did not elaborate, to a sufficient extent, on the...

Mention some relevant aspects of the jurisprudence of the Constitutional Court of Romania as concerns the role of the Court to strengthening the rule of law in the light of the principle of the independence of the judiciary and the separation of powers of the state.As known, the constitutional...

This article discusses "loss," the concept at the heart of the Federal Sentencing Guidelines section governing economic crimes, Section 2B1.1. It notes the common criticism that "loss" plays too large a role in federal economic crime sentencing, but distinguishes between the sound observation...