نتایج جستجو برای: precedent
تعداد نتایج: 2537 فیلتر نتایج به سال:
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...
Federal appellate judges cite cases by sister circuits. Why is that? Common wisdom holds that judges look to out-of-circuit cases for credible legal arguments -as persuasive precedent. But hard-core adherents of the attitudinal model (Segal and Spaeth 2002) – and certain cynical realists and critical legal studies scholars – might argue that judges decide in accordance with their policy or poli...
Courts resolve individual disputes and create principles of law to justify their decisions and guide the resolution of future cases. Those tasks present informational challenges that affect the whole judicial process. Judges must simultaneously learn about (1) the particular facts and legal implications of any dispute; (2) discover the doctrine that appropriately resolves the dispute; and (3) a...
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