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Chapter 3 - "Result-oriented" judging as a species of "judicial activism."

Also Published from JPM Law Chicago

Kmiec’s survey begins in January 1947, the date his research pinpoints as the first recorded use of the term “judicial activism.” It came in a Fortune magazine article profiling the Supreme Court Justices. 307 more words

Judicial Corruption

Chapter 35 - "Result-oriented" judging as a species of "judicial activism."

Also Published from JPM Law Chicago

Kmiec’s survey begins in January 1947, the date his research pinpoints as the first recorded use of the term “judicial activism.” It came in a Fortune magazine article profiling the Supreme Court Justices. 373 more words

Chapter 34 - Result-Oriented Judging: A Process- Oriented Definition

Republished from http://jpm-law-chicago.com/essays/result-oriented-judging.html#_essay4bR

B. The element of scienter that distinguishes a result-oriented
decision from the other four species of judicial activism.

Kmiec argues (at 1475-76) that result-oriented judging is a “species of judicial activism differs in kind from the previous four because it has a scienter element.” He defines a result-oriented decision as one where “(a) the judge has an ulterior motive for making the ruling; and (b) the decision departs from some ‘baseline’ of correctness.” Id. 286 more words

Chapter 2 - Result-Oriented Judging: A Process- Oriented Definition

Republished from http://jpm-law-chicago.com/essays/result-oriented-judging.html#_essay4bR

B. The element of scienter that distinguishes a result-oriented
decision from the other four species of judicial activism.

Kmiec argues (at 1475-76) that result-oriented judging is a “species of judicial activism differs in kind from the previous four because it has a scienter element.” He defines a result-oriented decision as one where “(a) the judge has an ulterior motive for making the ruling; and (b) the decision departs from some ‘baseline’ of correctness.” Id. 289 more words

Judicial Corruption

Updated musings on Supreme People's Court Vice President Xi Xiaoming

This updated blogpost muses on Judge Xi Xiaoming, and:

  • phenomena of “assumption of guilt” and trial in the press
  • political factors in Chinese judicial decision-making;
  • 1,467 more words
Communist Party And The Courts