judgment

• Summary judgment

• Judgments Law

• Judgment

• Presidential character and judgment: Obama's Afghanistan and health care decisions.

Character matters. Presidents cannot escape being themselves. Their character shapes their beliefs and behaviors and conditions their relationships wi...

• Presidential Studies Quarterly
• Vol. 41 Nbr. 2, June 2011

• Judgment, History, Memory: Arendt and Benjamin On Connecting Us to Our Past

I want to elucidate some connections between memory and judgment by presenting these themes in the work of Hannah Arendt and Walter Benjamin. It is my sense that we can learn a lot about these themes from these two seminal thinkers, if not from what they share in common (something that might be called a "solution" to a particular problem, or even a "theory"), but at least from the serious questions that confronted both and which should confront us more often.

• Philosophy Today
• Vol. 50 Nbr. 3, October 2006

• On John Rawls' Representational Judgment

There is an idealizing function of representation that is intrinsically and deeply democratic and somehow present in all modern democratic constitutions. This paper discloses this function in John Rawls' theory of political founding and argues that is determinant of his idea of a constitutional agreement. Representation in the constitutional moment entails quite clearly a detachment from social, cultural or religious identity. The representational act of idealizing entails extricating political judgment from the positions people effectively occupy in society. This is the process of idealization or fictional judgment that occurs in Rawls' Original Position.

• Contemporary Readings in Law and Social Justice
• Vol. 1 Nbr. 1, January 2009

• Summary Judgment Is Constitutional

This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...

• Iowa Law Review
• Nbr. 93-5, July 2008

• The right of private judgment: Jonathan Mayhew's religious route to political individualism.

I. Introduction As Ayn Rand wrote, "There is only one power that determines the course of history, just as it determines the course of every individ...

• Journal of Private Enterprise
• Vol. 24 Nbr. 2, March 2009

• Final Judgment and Competitive Impact Statement:

• FR, January 31, 2011
• Notices
• Antitrust Division

• Judgment Day

By Tom Shean The Virginian-Pilot

• The Virginian-Pilot and The Ledger-Star, Norfolk, VA
• July 21, 2011

• Proposed Final Judgment and Competitive Impact Statement:

• FR, May 13, 2011
• Notices
• Antitrust Division

• Cost-benefit analysis of the business judgment rule: a critique in light of the financial meltdown.

In 2008, the United States--indeed the whole world--suffered a devastating financial meltdown. We know now that a significant cause of the meltdown wa...

• Albany Law Review
• Vol. 74 Nbr. 1, September 2010

• Proposed Final Judgment and Competitive Impact Statement:

• FR, April 14, 2011
• Notices
• Antitrust Division