Precedent in the Making
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منابع مشابه
Informative Precedent and Intrajudicial Communication
We develop an informational model of judicial decision-making in which deference to precedent is useful to policy-oriented appellate judges because it improves the accuracy with which they can communicate legal rules to trial judges. Our simple model yields new implications and hypotheses regarding conditions under which judges will maintain or break with precedent, the constraining effect that...
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Introduction: Since old age and disease of this period of life have increased the cost of the health and treatment system, so this study aims to Effectiveness Mindfulness-based cognitive therapy training on Emotion regulation and Anxiety sensitivity in the elderly with precedent heart disease resident in the elderly in Tehran city. Methods: Statistical population consisted of all elderly with ...
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Cognitive scientists who conduct research on analogical reasoning often claim that precedent in law is an application of reasoning by analogy. In fact, however, law's principle of precedent, as well as the use of precedent in ordinary argument, is quite different. The typical use of analogy in law, including analogies to earlier decisions, involves retrieval of a source analog (or exemplar) fro...
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The authors examine the legal questions raised by the involuntary medical and psychiatric treatment of a patient with psychotic denial of pregnancy. A case is presented, and psychotic denial of pregnancy is defined. Legal cases are reviewed that set precedent for state intervention on behalf of either the pregnant mother or the fetus when the mother refuses care. Included are specific cases tha...
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Why do policy-motivated justices conform to unfavorable precedents? This article suggests that two theories, social-legal backgrounds and precedential characteristics, help explain why justices support unfavorable precedents. To test the explanatory power of these theories, the article uses data from the 1953-94 terms that ascertains whether justices cast precedential votes. The results, after ...
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