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Judicial opinion

About: Judicial opinion is a research topic. Over the lifetime, 5300 publications have been published within this topic receiving 64803 citations.


Papers
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Journal ArticleDOI
TL;DR: In this article, the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing.
Abstract: This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article also recommends modifying the judicial "total mix" analysis of the materiality of information to include a "total affect" analysis of information. Finally, this Article proposes refining the judicially created so-called "bespeaks caution" doctrine and statutory safe harbors codifying it to inquire whether so-called "meaningful caut...

21 citations

Book
01 Jan 1965
TL;DR: A Diplomat's Handbook of International Law and Practice as discussed by the authors was originally published in 1965 and has been used extensively in the field of international law for over three decades, including the past 16 years of the Indian Foreign Service.
Abstract: First published in 1965, this book was primarily intended to serve as a work of practical value to Foreign Offices and Diplomatic Missions, but it has proved equally useful to the practitioners and students of international law. The third revised edition, which is almost a new book, incorporates current developments and state practice, including judicial decisions in a variety of fields of topical interest, and also deals with current issues of interest in diplomatic relations. The author has headed a forty-nation inter-governmental organization for the past 16 years and had earlier served as Legal Adviser to the Indian Ministry of External Affairs under Prime Minister Nehru. He has drawn a great deal on his personal experience, gathered over almost 3 decades, in dealing with various problems and issues. "A Diplomat's Handbook of International Law and Practice" is thus a work of unique practical value. The book is divided into three parts. Part I deals with the establishment and conduct of diplomatic relations, the functions of diplomatic agents, diplomatic immunities and privileges including those of non-diplomatic and sub-ordinate staff. Part II concerns consular functions, immunities and non privileges. Part III contains a study of some selected topics of international law which are of particular interest to foreign service officers.

21 citations

Book ChapterDOI
01 Jan 1981
TL;DR: In this paper, the authors examine several different theoretical approaches to legal issues and present an alternative theoretical/methodological approach to legal decisions, one that they favor, which is one that we favor as well.
Abstract: The first purpose of this chapter is to examine several different theoretical approaches to legal issues. Although most of the discussion will focus on the work that has been carried out by social psychologists, many of the issues are relevant to other efforts in the psychology-law area. An examination of the relative merits of laboratory simulations and in situ research on legal decision-making constitutes the second purpose. Finally, an alternative theoretical/methodological approach to legal decisions—one that we favor—will be briefly presented.

21 citations

Journal ArticleDOI
TL;DR: Goldman as discussed by the authors pointed out that social/political backgrounds are at the root of attitudes and values as variables for judicial decision-making and cited some evidence which supports the assumptions questioned by Grossman.
Abstract: SHELDON GOLDMAN University of Massackusetts T HE DIALOGUE WITHIN the profession concerning judicial behavior research has generally moved from disapproving polemic to sympathetic indeed constructive criticism. A recent valuable contribution to this dialogue was The Journal of Politics article by Joel B. Grossmanl in which he assessed three judicial decisionmaking models which either expressly or implicitly consider social/ political backgrounds insofar as they are at the root of attitudes and values as variables for judicial decision-making. Since I am responsible for one of the models, I would like to respond to Grossman's points of criticism and cite some evidence which supports ome of the assumptions questioned by Grossman. In so doing, the attempt shall be made to clarify the research problems at issue.

21 citations

Journal ArticleDOI
TL;DR: In this paper, a particular approach to judicial lawmaking and precedent shapes answers to these questions and examines them in relation to the US Supreme Court and the French Cour de cassation.
Abstract: What does it mean for a supreme court to ‘make law?’ When is it possible to say that its decisions are ‘precedents?’ To what extent should a supreme court’s pronouncements be taken into account by others – lower courts and political branches? And how should these other actors reason with such precedents? This article shows how a particular approach to judicial lawmaking and precedent shapes answers to these questions and examines them in relation to the US Supreme Court and the French Cour de cassation. The findings are then used for a critical analysis of the European Court of Justice’s case law. It is suggested that while the US and French systems have found some ways of reconciling judicial lawmaking with the basic premises of their constitutional and political systems (although they are not entirely satisfactory), the EU system is still waiting for an account of the Court’s lawmaking and precedent. The conclusion indicates directions of possible further research relevant for all courts examined.

21 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202314
202242
202196
2020160
2019174
2018176