The Effect of Legal Theories on Judicial Decisions
Northwestern University - Pritzker School of Law
Chicago-Kent Law Review, Vol. 74, No. 2, 1999
Northwestern Public Law Research Paper No. 10-51
I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.
Number of Pages in PDF File: 12
Keywords: legal theory, judicial decisions, Speluncean Explorers
JEL Classification: K10, K30, K40, K49
Date posted: September 27, 2010
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