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Robustness of Judicial Decisions to Valuation-Method Innovation : An Exploratory Empirical Study

Chen, Feng - 2009

In shareholder litigation, judges and litigants choose from a menu of valuation methods that is evolving over time. What drives demand for new valuation methods? Does valuation method choice affect a judge's final appraisal? Is a judge more likely to favor the litigant whose valuation method...

Persistent link: https://www.econbiz.de/10013153345

The Judge and His Hangman : Judicial Selection and the Accountability of Judges

Lemennicier, Bertrand Claude - 2014

Who gets to determine rights and justice? Which mechanism of judicial selection and accountability is optimal? There is no easy answer. If judges are independent experts, nominated and evaluated by their peers, they will be immune from the pressures of electoral rent-seeking, but unaccountable...

Persistent link: https://www.econbiz.de/10013048640

Judicial Anti-Corruption Campaigns as Quests for Judicial Reputation

Hogic, Nedim - 2023

settings. The three largest anticorruption campaigns led by the judiciary which occurred in Italy, Brazil, and Romania have …

Persistent link: https://www.econbiz.de/10014356574

Corporate judicial activity

Zinnbauer, Dieter - 2022

unfolds in relation to the judiciary and the broader justice system (henceforth corporate judicial activity - CJA). There are … many prima facie plausible reasons why not to bother with the judiciary when it comes to corporate political activity. All … contrary, current political and legal dynamics suggest that the judiciary has evolved into a pivotal area of concern and …

Persistent link: https://www.econbiz.de/10014237198

Imagining Resilient Courts : From COVID to the Future of Canada's Judicial System

Matyas, David; Wills, Peter; Dewitt, Barry - 2021

The novel coronavirus disease (COVID) pandemic has challenged an array of democratic institutions in complex, unexpected and unprecedented ways. Little academic work, however, has considered the pandemic’s impact on Canada’s judicial institutions. This paper aims to fill that gap by...

Persistent link: https://www.econbiz.de/10013248331

Judicial Review as a Constraint on Tyranny of the Majority

Hanssen, F. Andrew; Fleck, Robert K. - 2010

We develop a theoretical model to analyze the role of judicial review in preventing tyrannies of the majority. The model identifies conditions under which the optimal role of the court may be to allow tyranny of the majority – and the tyrannized minority will be better off as a result. This...

Persistent link: https://www.econbiz.de/10014189685

Rule of law and judicial independence

Trindade, João Carlos - 2020

clear or well-intentioned. Real structural reforms need to be made for the judiciary to be able to affirm itself as a real …

Persistent link: https://www.econbiz.de/10012301850

Judicial Discretion in Sentencing : A Justice System that is No Longer Just?

Mallett, Sean - 2015

One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand, there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The...

Persistent link: https://www.econbiz.de/10013016530

The Absent State : Failures of the Judicial System, Dependent and Corrupted Courts, Police and Security Services

Yanovskiy, Konstantin - 2013

Persistent link: https://www.econbiz.de/10013080673

Judicial Legislation

D'Amato, Anthony - 2010

My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would...

Persistent link: https://www.econbiz.de/10014189173