How Judges Think

Posner, Richard A.

doi:10.2307/j.ctvjk2w91

Cited by 190 publications

(201 citation statements)

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“…In this context, however, the constraining effects of appellate review will be weakest, given the low rate of Supreme Court review. For this reason, many commentators doubt that the Supreme Court can maintain control over the circuit courts through the threat of reversal (see, for example, Posner 2008;Kim 2007). Schanzenbach and Tiller (2007) study the interplay between circuit and district courts under the sentencing guidelines.…”

Section: Positive Political Theory Of Standards Of Review In Sentencingmentioning

confidence: 97%

Do Standards of Review Matter? The Case of Federal Criminal Sentencing

Fischman¹,

Schanzenbach²

2011

The Journal of Legal Studies

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Section: Positive Political Theory Of Standards Of Review In Sentencingmentioning

confidence: 97%

Do Standards of Review Matter? The Case of Federal Criminal Sentencing

Fischman¹,

Schanzenbach²

2011

The Journal of Legal Studies

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“…In addition to the body of case law, judges use`common sense', pragmatism, 124 and public policy to determine those values, and it follows that a judge's personal outlook and judicial philosophy shape her or his perception and expression of those values. 125 Further, according to Fortman:…”

Section: Public-ization: the Problem Of Methodsmentioning

confidence: 99%

Ancillary Relief: Complicating the Search for Principle

Diduck

2011

Journal of Law and Society

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Calls have been made for clarification of ancillary relief law in England and Wales. The judicially created objective of fairness is said by many to be indeterminate and to lack a principled foundation. This paper examines judicial discourse in four recent decisions made by the highest courts of appeal and suggests that a principle of equality may be taking shape in the law. It goes on to suggest that while equality is important in ancillary relief, there are both risks and advantages associated with it, given that there is no clear consensus on its meaning either in family life or family law.

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“…In reality, judges' decision-making is influenced by numerous legal and non-legal factors (Baum, 2006;Posner, 2008). A frequently underestimated element is the environment in which they work (Cohen, 2002).…”

Section: Introductionmentioning

confidence: 99%

Considering the consequences of increased reliance on judicial assistants: a study on Dutch courts

Holvast

2014

International Journal of the Legal Profession

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Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an increased focus on managerial issues, such as efficiency and effectiveness, seems to have resulted in a growing number of judicial duties being assigned to judicial assistants. This article provides an initial reflection on such reliance on assistants. The context in which this development occurred is clarified, and the manifestation of the role of judicial assistants within the judicial process is described. This article also discusses two factors that require consideration when reliance on assistants increases: (1) the mechanisms for safeguarding the profession of the judge and the judicial assistant; and (2) the position of the judicial assistant in the judicial decision-making process. The consideration demonstrates the advantages of employing judicial assistants and also sheds light on serious risks relating to an increased role of judicial assistants in judicial decision-making.

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How Judges Think

Cited by 190 publications

References 0 publications

Do Standards of Review Matter? The Case of Federal Criminal Sentencing

Do Standards of Review Matter? The Case of Federal Criminal Sentencing

Ancillary Relief: Complicating the Search for Principle

Considering the consequences of increased reliance on judicial assistants: a study on Dutch courts

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