Topic
Judicial opinion
About: Judicial opinion is a research topic. Over the lifetime, 5300 publications have been published within this topic receiving 64803 citations.
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TL;DR: The role of judicial decisions in international adjudication is discussed in this article, where it is shown that reference to previous cases is all but inevitable in practice and that in some areas of international law, judicial decisions have even been said to be the centre of progressive development.
Abstract: This paper deals with the role of judicial decisions in international adjudication. It is impossible to fail to notice the abundance of prior cases invoked in decisions of international tribunals and that, in order to find out what the law actually is, reference to previous cases is all but inevitable in practice. In some areas of international law, judicial or arbitral decisions have even been said to be the centre of progressive development.
16 citations
TL;DR: The PANE decision was interpreted by many as narrowing NEPA's requirements for agencies to consider the social science implications of their activities; others saw the verdict merely as reaffirming the existing regulations of the Council on Environmental Quality that social and economic impacts by themselves do not require the preparation of an environmental impact statement as discussed by the authors.
Abstract: The passage of the National Environmental Policy Act of 1969 (NEPA) has been followed by a long series of judicial decisions clarifying and defining the applicability of the statute. Throughout the 1970s, most of these decisions indicated a relatively broad if not expanding view of NEPA's implications. Nevertheless, in a key decision—Metropolitan Edison Co. v. People Against Nuclear Energy (PANE)— the Supreme Court ruled that the Nuclear Regulatory Commission was not required to issue an environmental impact statement before restarting the undamaged nuclear reactor at Three Mile Island. The verdict was interpreted by many as narrowing NEPA's requirements for agencies to consider the social science implications of their activities; others saw the verdict merely as reaffirming the existing regulations of the Council on Environmental Quality that social and economic impacts by themselves do not require the preparation of an environmental impact statement. The article reviews the PANE decision, the l...
16 citations
TL;DR: In this article, the authors hypothesize that precedents are more likely to transmit to other circuits when judges communicate their importance using features of opinion language such as the legal grounding, the amount of supporting evidence, and the decision to file a per curiam opinion.
Abstract: Why do some federal circuit court precedents transmit across circuits when others do not? Does judicial opinion language influence which cases are more likely to transmit? Previous research on the transmission of precedents has focused primarily on attributes of the circuits or judges who wrote the decisions, without considering whether opinion language also influences citations. This study hypothesizes that precedents are more likely to transmit to other circuits when judges communicate their importance using features of opinion language such as the legal grounding, the amount of supporting evidence, and the decision to file a per curiam opinion. The results indicate that opinion language does influence the transmission of precedents, which suggests that judges who care about policy and are willing to take affirmative steps to encourage citations can use opinion language to enhance their impact.
16 citations
TL;DR: The authors discusses the economic impact and political consequences of ethical investing, with particular attention to the case of South Africa, and concludes with an assessment of the likely consequences for ethical investing for U.S. multinationals in Southern Africa.
Abstract: This paper discusses the economic impact and political consequences of ethical investing, with particular attention to the case of South Africa. The origins of ethical investing are examined, along with the institutions and strategies by which ethical investing operates today. Of immediate relevance to managers is a recent judicial decision upholding Baltimore's divestment ordinance. The discussion concludes with an assessment of the likely consequences of ethical investing for U.S. multinationals in Southern Africa.
16 citations
Dissertation•
01 Feb 2014
TL;DR: In this paper, the authors analyse the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996.
Abstract: The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspectives, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. The Dissertation examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes the decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions.
16 citations