Add to ORKGI draw a distinction in the beginning of this essay between judicial decision-making and a judge\u27s decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases
For more than a century, lawyers have written about legal reasoning, and the flow of books and artic...
The idea that legal theories seek not only to explain but to evaluate the moral justification of par...
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming...
I draw a distinction in the beginning of this essay between judicial decision-making and a judge\u27...
A growing number of legal scholars have recently revived the American legal realist thesis that lega...
Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges...
In the realm of American jurisprudence, little draws more excitement or controversy than investigati...
A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains t...
This Essay tests an integrated model of decision-making on case outcomes in the United States Suprem...
Recent debate about theory in legal scholarship\u27 has raised more questions about theory and law t...
In contemporary legal philosophy there has been a notable shift in interest away from a concern with...
This paper suggests that judicial opinions often reflect ajudge\u27s position on what is ethical and...
By the conventional view, case outcomes are largely the product of courts\u27 application of law to ...
How should judges decide the cases presented to them? In our system the answer is, “according to law...
What does it mean to assert that judges should decide cases according to justice and not according t...
For more than a century, lawyers have written about legal reasoning, and the flow of books and artic...
The idea that legal theories seek not only to explain but to evaluate the moral justification of par...
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming...
I draw a distinction in the beginning of this essay between judicial decision-making and a judge\u27...
A growing number of legal scholars have recently revived the American legal realist thesis that lega...
Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges...
In the realm of American jurisprudence, little draws more excitement or controversy than investigati...
A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains t...
This Essay tests an integrated model of decision-making on case outcomes in the United States Suprem...
Recent debate about theory in legal scholarship\u27 has raised more questions about theory and law t...
In contemporary legal philosophy there has been a notable shift in interest away from a concern with...
This paper suggests that judicial opinions often reflect ajudge\u27s position on what is ethical and...
By the conventional view, case outcomes are largely the product of courts\u27 application of law to ...
How should judges decide the cases presented to them? In our system the answer is, “according to law...
What does it mean to assert that judges should decide cases according to justice and not according t...
For more than a century, lawyers have written about legal reasoning, and the flow of books and artic...
The idea that legal theories seek not only to explain but to evaluate the moral justification of par...
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming...