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Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate...
Persistent link: https://www.econbiz.de/10014145973
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a...
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Article 181(5) of Ghana's 1992 Constitution requires parliamentary approval of international business transactions to which the government is party, a term defined to include state procurement contracts and various public-private investment projects. This paper traces the origin of that...
Persistent link: https://www.econbiz.de/10012837692
This article summarizes the arguments made against the juvenile death penalty in a U.S. Supreme Court amici curiae brief in Domingues v. State, 961 P.2d 1279 (Nev. 1998), cert. denied, 528 U.S. 963 (1999), and rebuts some of the State's propositions made in its response. It argues that United...
Persistent link: https://www.econbiz.de/10012771429
It has been argued that, under certain conditions, judges are motivated to engage in strategic defection against their appointer once they perceive the latter to be losing effective power. This behaviour should generate a clustering of decisions unfavourable to the incumbent administration at...
Persistent link: https://www.econbiz.de/10013074786
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In this paper we investigate empirically the determinants of judicial behavior at the Philippine Supreme Court in the period 1986-2010. Our results show some alignment between individual Justices and the interests of the presidential appointers, although it varies across presidential terms. We...
Persistent link: https://www.econbiz.de/10014169708
Indian judiciary has been one of the finest examples of justice dispensed without fear or favour. Ever since judicial standards were codified and the Indian judiciary set up (by the British), it has proved itself worthy of admiration, adoration and appreciation. The Indian judiciary has stepped...
Persistent link: https://www.econbiz.de/10012911216
Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are driven by judges' sincere policy preferences - judges bring their ideological inclinations to the...
Persistent link: https://www.econbiz.de/10014218898