Black's Law Dictionary

Black, Henry C.

doi:10.2307/1332136

Cited by 53 publications

(57 citation statements)

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“…When the judicial error is due to negligent behavior the question is more complicated. 31 Negligence is commonly defined as a deviation from the behavior of a reasonable person (Black's Law Dictionary 2004). Thus, a negligent judge is one who acted in a way that an average hypothetical judge would not.…”

Section: The Concept Of ''Inexcusable Judicial Error''mentioning

confidence: 99%

Judges as satisficers: a law and economics perspective on judicial liability

Tsaoussi

Zervogianni

2009

Eur J Law Econ

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Section: The Concept Of ''Inexcusable Judicial Error''mentioning

confidence: 99%

Judges as satisficers: a law and economics perspective on judicial liability

Tsaoussi

Zervogianni

2009

Eur J Law Econ

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“…The degree of home rule (or its absence) provides one observable measure of how strict those constraints might be. Home rule is defined by a state constitutional provision or legislative action giving a local government a wide degree of self-government (Black, 1990). The antithesis of home rule is Dillon's rule, an interpretation of government powers which follows the rule that local government does not have a power unless the state specifically grants that authority to the local government (Richardson et al, 2003).…”

Section: Introductionmentioning

confidence: 99%

Local government internal structure, external constraints and the median voter

Turnbull

Geon

2006

Public Choice

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This paper examines how internal structure and external constraints affect local government ability to meet voters' demands. It applies the revealed preference method to US counties to identify those that fail to satisfy the pure democracy outcome of the median voter hypothesis (MVH). Probit analysis identifies the factors associated with counties that satisfy the MVH. Internal government structure does not matter but restricting home rule increases the likelihood of satisfying the MVH equilibrium, the latter result consistent with the leviathan model. The systematic differences found for urban and rural county governments reinforce this conclusion. Copyright Springer Science + Business Media B.V. 2006Home rule, Leviathan, Median voter hypothesis,

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“…[4] To a large extent, the standard of care will be determined in the courtroom setting, based on expert testimony. [5] Widespread use and prevalence of a technology strengthens the argument that it has become the standard of care.…”

Section: Discussionmentioning

confidence: 99%