Discretion in Decision Making

• Discretion in Decision Making

Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternative...

• West's Encyclopedia of American Law
• Com–Dor

• Nipping Corruption in the Bud

Fighting corruption largely involves managing the polarity between those who are powerless and needy and those with power and discretion in decision making positions. Besides the social costs, corruption also robs our nation of its wealth and resources. The Special Taskforce to Facilitate Business (PEMUDAH) has estimated that corruption could cost Malaysia as much as RM10 billion a year or 1% to 2% of the country's Gross Domestic Product when business decisions (for exmple, contracting or human resourcing) are made for the wrong reasons.

• Malaysian Business
• April 21, 2011

• In re Doe, (Ohio 2011)

Judicial bypass of consent to obtain abortion; R.C. 2151.85(A)(4)(c); juvenile court failed to allow guardian ad litem to testify, trial court used improper factors in making its decision; trial court abused its discretion in dismissing application of minor to have an abortion without parental consent; reversed.

• Ohio Supreme Court

• Nipping Corruption in the Bud

Fighting corruption largely involves managing the polarity between those who are powerless and needy and those with power and discretion in decision making positions. Besides the social costs, corruption also robs our nation of its wealth and resources. The Special Taskforce to Facilitate Business (PEMUDAH) has estimated that corruption could cost Malaysia as much as RM10 billion a year or 1% to 2% of the country's Gross Domestic Product when business decisions (for exmple, contracting or human resourcing) are made for the wrong reasons.

• Malaysian Business
• April 21, 2011

• Peeking Under the Covers: Taking a Closer Look at Prosecutorial Decision-Making Involving Queer Youth and Statutory Rape

Queer youth are in a precarious position. In comparison to their heterosexual peers, queer youth are disproportionately punished in the criminal justice system, and they may be more vulnerable to being prosecuted for statutory rape. They may be selectively prosecuted because prosecutors have broad discretion in whom they prosecute, and social norms favoring heterosexuals may be part of their decision-making process. In light of the significant barriers before a statutory rape defendant alleging selective prosecution, especially for juvenile defendants, limited discovery orders like the one at issue in Commonwealth v. Washington may be a pragmatic way to make equitable change.

• Boston College Journal of Law & Social Justice
• Vol. 32 Nbr. 2, July 2012

• Bureau of Governmental Research Wants to Pull Council's Land Use Powers

The Bureau of Governmental Research, a government watchdog group, has drafted proposed amendments to the city's charter to reform what it calls the dysfunctional land use decision making process in New Orleans. BGR's amendments, released today, come on the heels of an October 2003 BGR report, Runaway Discretion: Land Use Decision Making in New Orleans, which claimed the city's process for making land use decisions was not fair, rational or consistent.

• New Orleans City Business
• August 03, 2006

• How Favoritism Affects the Business Climate: Empirical Evidence From Jordan

This article, based on research conducted in Jordan, discusses how favoritism affects the business climate. Jordan's business climate is mediocre in international and regional comparison, making it insufficient in light of the country's small domestic market. Businesspeople consider the complexity of administrative procedures to be a main problem for investors, along with a lack of fairness and predictability in administrative decisions. Favoritism, which is referred to as "using wasta," (connections) contributes substantially to both problems. Investors with good wasta can speed up procedures and get exclusive access to services and information. They can even influence legislation to their advantage. Perhaps even more problematic, entrepreneurs tend to invest their time and money in so...

... and, thus, leave too much room for discretion. This favors unequal treatment and unpredictabilit...

• Middle East Journal, The
• Vol. 62 Nbr. 2, April 2008

• In re J.K., (Ohio 2010)

Juvenile Court erred by failing to recognize its discretion in making decision as to appellant's sex offender classification.

• Ohio Supreme Court

• Metropolitan Life Ins. Co. v. Glenn, 554 U.S. (2008)

... gives MetLife (as administrator) discretionary authority to determine the validity of an employee... to set aside MetLife's discretionary decision. There is nothing improper in the way this review ... operates under a conflict of interest in making discretionary benefit determinations. The Solicito...

• U.S. Supreme Court

• The Advance Health Care Directive

Under California law, as long as you are able to give informed consent concerning your health care decisions, you may of course make your own decisions. The problem arises when you lack the capacity to understand the nature and consequences of a particular decision or are unable to communicate your decision. If you lack capacity to make decisions for yourself, decision-making authority is given in the following order of priority: (1) an agent you verbally designated during a hospitalization; (2) an agent you designated in an Advance Health Care Directive; (3) a court-appointed conservator; or (4) a close family member. In most circumstances, the decisionmaking authority rests with a close family member because advance planning has not been done and the circumstances do not warrant court...

... this case, the treating physician has discretion in determining who will speak for you. The doctor ...

• Sentinel; Los Angeles, Calif.
• October 15, 2009