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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19 Feb 2009TL;DR: In this paper, a special focus is called for as regards to the occupation of the occupied territories of the Palestinian territories by Israel, and international law addresses the subject of belligerent occupation in some detail.
Abstract: Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length – exceeding half a century and still in progress – and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.
98 citations
TL;DR: In this paper, the effects of law and policy preferences on the U.S. Supreme Court's decision-making process are analyzed using the positions taken by political actors outside of the court who put less emphasis on legal considerations.
Abstract: To understand and assess the impact that the law has on judicial decision-making on the U.S. Supreme Court, one must disentangle the effects of law and policy preferences. In this paper, we elaborate the fundamental character of this challenge, and then present a novel approach to measuring the effect - if any - of the law on justices' decisions. Key to our approach is the use of positions taken by political actors outside of the court who put less emphasis on legal considerations. The positions taken by these actors allow us to pin down policy elements of voting. We use these elements to identify statistically the effects of legal forces including adherence to precedent, judicial restraint in the form of deference to Congress and a strict interpretation of the First Amendment's protection of speech clause that may guide judicial decision-making. The evidence suggests that legal factors play an important role and that their effects vary across the justices in interesting ways.
96 citations
29 May 2007
TL;DR: DeLombard as discussed by the authors examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in public opinion via popular print media.
Abstract: America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, "Slavery on Trial" provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did - through the lens of popular print culture.
92 citations
TL;DR: In this paper, the authors argue that the parties through the briefs submitted on the merits have the ability to influence the content of the opinions of the Supreme Court, through the submission of arguments.
Abstract: Do parties' briefs influence the content of Supreme Court opinions? The author contends that the parties, through the briefs submitted on the merits, have the ability to influence the content of op...
90 citations
TL;DR: In this article, the authors develop a model of judicial decision making that suggests that opinions are likely to reflect the views of the median justice in the majority coalition and demonstrate that both features undermine the bargaining power of the Court's median and shift influence towards the coalition median.
Abstract: Conventional arguments identify either the median justice or the opinion author as the most influential justices in shaping the content of Supreme Court opinions. We develop a model of judicial decision making that suggests that opinions are likely to reflect the views of the median justice in the majority coalition. This result derives from two features of judicial decision making that have received little attention in previous models. The first is that in deciding a case, justices must resolve a concrete dispute, and that they may have preferences over which party wins the specific case confronting them. The second is that justices who are dissatisfied with an opinion are free to write concurrences (and dissents). We demonstrate that both features undermine the bargaining power of the Court's median and shift influence towards the coalition median. An empirical analysis of concurrence behavior provides significant support for the model.
90 citations