Judicial Deference to Executive Precedent

A Theory of Judicial Deference

In many instances, appellate courts defer to lower courts and administrative agencies; the appellate court allows the other agent’s decision to stand even though the appellate court has strong reason to believe that decision incorrect. We provide a model in which such deference is rational. Our model is set in a two-dimensional case space. One dimension reflects "global" facts that are known to...

compurgation in the judicial precedent

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Judicial Security in pre trial stage in iran criminal law and Judicial precedent

Judicial Security is the concept based on which the reputation, life, property and all material and intellectual rights of the Human Being are protected by law and keep guarded by the Judiciary Power. Creating such an environment means observing some criteria by which the legal protection goal, namely reaching legal justice, is realized. Securing justice protection for all and the equal protect...

Judicial precedent as a dynamic rationale for axiomatic bargaining theory

Axiomatic bargaining theory (e.g., Nash’s theorem) is static. We attempt to provide a dynamic justification for the theory. Suppose a Judge or Arbitrator must allocate utility in an (infinite) sequence of two-person problems; at each date, the Judge is presented with a utility possibility set in R+. He/she must choose an allocation in the set, constrained only by Nash’s axioms, in the sense tha...

Schall v. Martin and the Transformation of Judicial Precedent