Media and scholarly critics often claim that Justice Thomas\u27s criminal law opinions reflect intentional cruelty or callousness, and dismiss his opinions without engaging seriously with their substance. This Essay contends that judicial humility is a far more plausible explanation for Justice Thomas\u27s criminal case decisions. If observers recognize that his approach to the law is guided by humility, rather than his own cruel or callous views, they will be more likely to consider the substance of his opinions and will benefit from wrestling with his challenging jurisprudential and historical perspective - even if they do not agree with the conclusions to which it leads
What does it mean to assert that judges should decide cases according to justice and not according t...
Jurists are trained to value the rule of law and judges are expected to uphold same whatever the cir...
A well-known maxim instructs that justice should be seen to be done. When "seen" is understood in th...
Media and scholarly critics often claim that Justice Thomas\u27s criminal law opinions reflect inten...
Imagine how our system of criminal justice might look different if one value ascended in the system\...
In recent years, academic literature has given some attention to humility as an important adjudicati...
Does the United States Supreme Court decide cases on the basis of moral and ethical value judgments?...
Judges must be wise. Sound judicial reasoning requires moral virtue. These sentiments about judging ...
This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,”...
For an individual playing a social role to behave responsibly requires participation in a process th...
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume tha...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
The principle of nemo iudex in causa sua (“no man should be a judge in his own case”) iscentral to J...
This short essay was prompted by the increasing delegation to courts of the responsibility for decid...
The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull i...
What does it mean to assert that judges should decide cases according to justice and not according t...
Jurists are trained to value the rule of law and judges are expected to uphold same whatever the cir...
A well-known maxim instructs that justice should be seen to be done. When "seen" is understood in th...
Media and scholarly critics often claim that Justice Thomas\u27s criminal law opinions reflect inten...
Imagine how our system of criminal justice might look different if one value ascended in the system\...
In recent years, academic literature has given some attention to humility as an important adjudicati...
Does the United States Supreme Court decide cases on the basis of moral and ethical value judgments?...
Judges must be wise. Sound judicial reasoning requires moral virtue. These sentiments about judging ...
This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,”...
For an individual playing a social role to behave responsibly requires participation in a process th...
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume tha...
When resolving cases, appellate courts must quickly decide how much respect to give precedent decisi...
The principle of nemo iudex in causa sua (“no man should be a judge in his own case”) iscentral to J...
This short essay was prompted by the increasing delegation to courts of the responsibility for decid...
The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull i...
What does it mean to assert that judges should decide cases according to justice and not according t...
Jurists are trained to value the rule of law and judges are expected to uphold same whatever the cir...
A well-known maxim instructs that justice should be seen to be done. When "seen" is understood in th...