...An important dimension of judicial decisions little studied by social scientists is the scope of a court's opinion. Traditional political science studies of judging emphasize the political valence of judicial opinions but do not address the scope with which commands or proclamations are issued...

... powers judicial opinions modern law nature of slavery de facto slavery colonial slavery Roman slavery The Roman jurist Iavolenus Priscus (born mid-first century ce) famously remarked that all definitions in law were hazardous, for there were few that could not be overturned. ¹...

... interpretive formality or open-endedness, and of greater or lesser public disclosure of their controlling arguments and reasoning. Somewhere between the formalism of the official French judicial syllogism and the more pragmatic, open-ended, and purpose/policy oriented American judicial opinions are to be found...

... of command-like orders. The chapter then argues that equity is at the core of landmark judicial opinions issued in cases that are not traditionally categorized as cases ‘in equity’, including Riggs v Palmer and Shelley v Kraemer. Private law recognizes legal...

... Evans Boy Scouts of America v Dale Kennedy Justice Anthony M O'Connor Justice Sandra Day Planned Parenthood v Casey Souter Justice David Ginsburg Justice Ruth Bader Roe v Wade District of Columbia v Heller harm amelioration and harm as indication of illegitimate substantive judicial opinions...

... has suggested that democracy, secularism, rule of law, federalism, judicial review, separation of powers, among others, are basic features of the Constitution. A first step to clarify the identity of basic features of the Constitution is to scrutinize the important judicial opinions in several cases...

..., and judicial opinions. alphabet paper pixels civilization impact of writing on cognition and literacy Goody Jack Greece ancient Havelock Eric literacy and alphabet Olson David Ong Walter Uniform Commercial Code Watt Ian democracy direct printing of contracts Renaissance scientific revolution...

... opinions judicial rhetoric of loss in rhetoric of loss trust metaphor Bayless Judge H Jeffery Posner Judge Richard A constitutional rights justices ameliorating harm constitutional stature judicial opinions constitutional losers The previous survey of relevant scholarship suggests that justices...

... judicial activism constitutional stature constitutional rights Chief Justice Roberts Parents Involved Citizens United judicial opinions plurality opinion The indifference of justices both to the harm they inflict on constitutional stature and to the opportunities they have to enhance...

...This chapter presents the oral histories of judges regarding judicial opinions. The courts of appeal are charged with the task of reviewing the decisions of the lower district courts and use the judicial opinion as the exclusive tool of setting precedent, although only a small percentage of cases...

...This chapter considers the relation between judicial decisions and judicial opinions — more specifically, the question whether opinions are necessary or dispensable, and what light that question throws on the question of the relations between law and justice. It then looks at the relations between...

.... After the conference, Judge Tanaka writes the first draft of the opinion. Unlike the United States, the required format for a judicial opinion in Japan is stated precisely by law and the details are spelled out in officially issued sample opinions and institute textbooks. ¹⁰ In a civil case...

...This concluding chapter summarizes key findings about Japanese judges' views about love, sex, and marriage, highlighting the lack of separation of love from law. It argues that judicial opinions are part of a complicated legal system where courts reach far more deeply into hearts and psyches than...

...This chapter turns to qualitative evidence found in judicial opinions, courtroom filings, and law clerks' memoranda. It is observed that judges are aware of the high financial costs of war and eagerly use their decision-making powers to enable the nation to purchase increasing levels of defense...

...Judges confront a difficulty in writing judicial opinions when other judges in their court disagree with their interpretation of the law. This chapter compares the judicial opinions of two state supreme courts making decisions about their marriage laws. The plurality decision with six opinions made...

...This chapter explains that casebooks no longer teach students to read judicial opinions. Instead, they offer highly edited excerpts of opinions, which are arranged to convey the same sort of information one might find in a treatise. But students only learn how to make legal arguments by reading...

... procedure state law enforcement Earl Warren judicial opinions For nearly everyone, the ruling in Mapp v. Ohio was stunning. ¹ In his review of the 1960 Court Term for the New York Times, Anthony Lewis described the result in Mapp...

... Fairness analysis Woodward Bob Warren E. Burger Supreme Court exclusionary rule Fourth Amendment judicial opinions In one of the last Fourth Amendment opinions of the Warren Court, the Court stated: “Our decisions recognize no exception to the rule that illegally seized evidence is inadmissible...

...The detainees who did take appeals to the House of Lords were Robert Liversidge and Ben Greene. Both lost, the judicial opinions being delivered on November 3, 1941; the resulting legal position seemed, from a technical point of view, exactly what the Home Office wanted. But success had its price...