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An Essay On Judges

he said that imagination had infected the law like syphilis, ‘begotten in the bed of metaphor’ – something of an irony, given his own turn of phrase. if this is so, a politician who chooses a woman rather than a man does not sacrifice quality. in 17th-century china, clans of villagers set up ‘companies’ that collected and distributed capital to their members, who were supposedly united by kinship with common ancestors. a woman who'd gone to harvard and moved to the bench after 20 years of experience in a law firm would be a somewhat more independent judge than a man with the same professional background—that is, more likely to publicly disagree with a judge of her party. if female judges are chosen on the basis of sex rather than ability, they must be less talented than male judges, the theory goes. the police had raided the place without a search warrant, and found a stash of weed, as well as plastic bags and a scale. by pushing hypotheticals to extremes, judges and lawyers can see if their intuitions are consistent in a number of different scenarios, and then reason backwards to discover the best principle to apply to the present case. in such cases, a claimant must show ‘causation’ – that is, that the national coal board’s failure to offer washing facilities materially contributed to his dermatitis. if justice ginsburg is forced to retire this term because of illness, reducing the number of female justices from two to one, there will be a great deal of pressure on president obama to nominate another female jurist. it stands to reason that if male judicial candidates are passed over in favor of women, less qualified people will be selected. faculty of imagination, then, is not just about engaging in flights of fancy. in 1969, for example, the international court of justice (icj) looked at a dispute between denmark, the netherlands and germany regarding the ownership of rich oil and gas deposits that had been discovered in the north sea. hypothetical narratives are one such example of image-making in the margins of law. counsel claimed that the defendant was of limited intelligence: is intelligence a relevant characteristic of the reasonable person? we looked at the performance of hundreds of judges over a number of years and working in different types of courts—state supreme courts, federal trial courts, and federal appellate courts. hypotheticals invite us to experiment, to think up variations, to offer counter-examplesoral exchanges between bar and bench are full to the brim with hypotheticals.

"So, You Think You Want to Be a Judge," University

" most women, unlike most men, know what it is like to be discriminated against and oppressed and, if they want to succeed, must "learn to see both sides in ways that men do not," as slate's dahlia lithwick put it. (a third, that our measures of judicial quality are not any good, we prefer to ignore!’ ‘to meet that,’ he would say, ‘i will put in that if your death coincides with mine, it is to go to my brother and his boy just the same. it invites us to link two concrete and apparently disconnected things. this theory implies that women should outperform men of equal experience. one can decide, from case to case, how thoroughly to depict perspective. great king aurangzeb is among the most hated men in indian history. this theory implies that women should outperform men of equal experience. it might encourage bias, or signal a departure from common sense. claim that women are worse—or better—than men at judging should be susceptible to empirical investigation. or if justice john paul stevens retires, why not three women on the high court? the art of making relations also includes narrative devices such as parables, allegories and fables. on average, female judges are less qualified, based on traditional metrics, than male judges. sotomayor herself obliquely expressed this view long before her nomination, saying, as we heard repeated often last summer, "i would hope that a wise latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life. rely on establishing a relationship between images, and introduce a third kind of legal imagining: image-making. these devices are what make legal reasoning so resourceful and ingenious, because they are inherently tentative and experimental.

Why women might make better judges.

one might conjecture that women develop thicker hides in legal practice or that men with thinner hides are more likely to flee the rigors of private practice and take refuge in lower-paying judgeships. second potential explanation for our findings: it might be that presidents (and governors and others who select judges) look for characteristics other than elite education, legal experience, and similar markers. again, the objective indicia of mobility would be what the officers are looking to. the house of lords (the predecessor of the uk’s supreme court) had to decide if james mcghee was entitled to compensation from his employer, who had failed to provide shower facilities. you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. it was used to powerful effect in edwards v canada (ag) (1930), a landmark case in which a british court ruled that women were finally considered ‘persons’ under the canadian constitution, and so were permitted to stand for the parliament. women might be better judges than men, and that would explain why less experienced women perform just as well as more experienced men—with women's "life experience," in effect, making up for their more limited legal experience. Sonia Sotomayor's elevation to the Supreme Court brought to the surface a long-simmering controversy about the relationship between gender and .’lord denning ruled that the meaning of the term ‘coincide’ is not ‘simultaneous’ (at exactly the same time), but had a wider meaning – ‘denoting death on the same occasion by the same cause’. an example of a college application essay, with a point-by-point critique. they have attended lower-ranked colleges and lower-ranked law schools, they are less likely to have had judicial clerkships (a prestigious job often taken by top law school graduates), and they have less experience in private practice before becoming judges. it can prompt and move us, but it’s also vital as a tool that allows us to slow down, to distance ourselves from our own habits and conventions, and to let others into the conversation. there is an alternative view: that women may actually be better judges. in the 18th-century case of mostyn v fabrigas, for example, a resident of minorca – an island off the coast of spain that was under british rule – claimed that he had been falsely imprisoned by the british government. could it be that the female judges chosen from a smaller pool, and with less impressive credentials, perform as well as male judges?[laughter]lawyer: if the officer doesn’t know that, i don’t see why he should be called to that particular knowledge.

What Judges Want: Judges' Goals and Judicial Behavior

they offer an entirely different experience to reading accounts of real events. you’d be forgiven for thinking of a judge as someone who spends all day shoehorning ‘the facts’ into pre-fabricated principles, and laying down determinative rulings like geological strata. one thing he does know about when he is dealing with a house –judge: the moral is, don’t live in a houseboat. perhaps in your honour’s example, they would be looking to see if there’s oars there. he argued that a person should adopt the attitude of the good samaritan, a character in the parable of luke, in which jesus praises the actions of a traveller who goes to the aid of a person left for dead in a ditch at the roadside. however, the scientific experts could say only that that failure materially increased the risk of the disease. as gaius, a celebrated jurist in the second century ce, said:if it appears that a golden cup has been stolen from lucius titius by dio the son of hermaeus or by his aid and counsel, on which account, if he were a roman citizen, he would be bound to compound for the wrong as a thief. but what, then, is a motor home – a ‘home’ or a ‘vehicle’? say a contractor had agreed to travel to hong kong to prepare a report in exchange for £10,000, lord keith said, but that the trip was cancelled before the man had departed or incurred any costs. lord atkin, one of the judges in the majority, drew inspiration from the bible. the case of vaughan v menlove (1837) concerned a defendant who had placed some haystacks near to the plaintiff’s cottages. or you might take a richer approach to characterisation, and imagine someone with a particular life story and particular features, including physical and mental qualities. perhaps they do this because such factors only poorly predict a person's success as a judge.: but the automobile has a motor in it – lawyer: that’s correct. when it comes to performance rather than qualifications, we find no statistically significant differences between the decision-making ability of male and female judges in any of our data sets. i’ve passed a few of them on the beltway.

Why judges and lawyers need imagination as much as rationality

nevertheless, the lords allowed the claimant to succeed, as if he had shown causation.. circuit court of appeals, justice sotomayor ranked among the most cited federal appellate judges in the country. in fact, the evidence suggests that they are at least as good as male judges, perhaps better. a key question in the case was what constitutes customary international law: can a country be subject to the terms of a treaty it did not ratify, on the basis that the obligations have entered the realm of binding custom? are female nominees for judicial positions chosen based on affirmative action? if justice ginsburg is forced to retire this term because of illness, reducing the number of female justices from two to one, there will be a great deal of pressure on president obama to nominate another female jurist. in woolmington v dpp (1935), an influential case concerning the grisly killing of a young woman, his lordship described the presumption of the accused’s innocence as a ‘golden thread’ running through ‘the web of english criminal law’. in fact, legal reasoning is a much more supple exercise. but one of the dissenting judges, lord keith of avonholm, disagreed.’the courts now routinely imagine this officious bystander – a nosy busy-body, whose job is to ask the parties, at the time of the negotiations, what they would do in some future scenario.’s a real sense of play in these imagined scenarios. such a case, the advocates and judges play a complex game of hypothetical repartee. this is a powerful tool that allows judges to create distance from their own tendencies and limitations. female judges are cited just as often as male judges; they write as many opinions; and they are just as likely to dissent, and to dissent from opinions written by judges who belong to their party. imagination as enquiry might be our best bet against the dangers of thoughtlessness, present now more than ever., fantastical beings, and a fictional omnibus: legal reasoning is made supple by its use of the imagination.

College Essay - Sample Application Essay 1

it stands to reason that if male judicial candidates are passed over in favor of women, less qualified people will be selected. findings do not bear directly on the empirical literature that suggests that women and men decide cases differently when those cases involve issues of particular concern to women—for example, sex discrimination or family law cases. because many fewer women than men went to law school in the 1970s and 1980s, and more women drop out of legal practice to care for their families than men do, the pool of judicial candidates today is dominated by men. when she finished her drink, she realised, to her horror, that there was a dead snail in the bottom. … [i]f, while the parties were making their bargain, an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common: ‘oh, of course! of course, a test of ‘reasonableness’ leaves open many questions, which is precisely the point. if i die before you, i would like everything to go to you; but if you die before me, i should like it to go to my brother and his boy. on average, female judges are less qualified, based on traditional metrics, than male judges., poverty and rapture in an appalachian mining community where the jobs are gone. the reason, our basic point is this: the fact that female judges are selected from a shallower pool of talent does not imply that they are worse judges than men. if this is so, a politician who chooses a woman rather than a man does not sacrifice quality. they exchange more or less fanciful images as a way of exploring the consequences of different rulings in a variety of possible, and sometimes impossible, situations. is clear when judges must decide what ought to be expected of a ‘reasonable person’ – a familiar litmus test for a person’s behaviour in the law. after all, one of those little ships might run on the rocks or something and we might both be drowned: or we might both be killed in an aeroplane crash. such balancing is not possible via some more assertive, explicit set of criteria. predictably, the court was vexed by this – a reasonable person (or the ‘ordinary man of prudence’, in that case) would not be so reckless!

Ruth Bader Ginsburg's Advice for Living - The New York Times

‘such a result is not, in my opinion, in accordance with principle or authority,’ lord keith concluded. in the law, constitutions behave like living trees, the island of minorca is treated as a suburb of london, immobile houses suddenly zoom along beltways, clapham omnibuses are packed with reasonable men, and spectral officious bystanders routinely spy on contractual negotiations. this ‘neighbour principle’ then allowed the court to delimit the scope of the duty: the rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer’s question who is my neighbour? and it brings the language of law alive, moving us and inviting us to imagine further – and so enables a thriving, interactive community of enquiry. you might imagine perspective merely as a point of view, like a camera that simply records what happens. female judges are cited just as often as male judges; they write as many opinions; and they are just as likely to dissent, and to dissent from opinions written by judges who belong to their party. could it be that the female judges chosen from a smaller pool, and with less impressive credentials, perform as well as male judges? still, we have come up with some indirect measures of judicial quality. the reason, our basic point is this: the fact that female judges are selected from a shallower pool of talent does not imply that they are worse judges than men. or if justice john paul stevens retires, why not three women on the high court? later, the courts decided that the lower threshold of ‘material increase in risk’ was to be preferred in analogous cases. conservatives believe that gender should not factor into the choice of judges and justices. findings do not bear directly on the empirical literature that suggests that women and men decide cases differently when those cases involve issues of particular concern to women—for example, sex discrimination or family law cases. cap is bleached as white as the bones of a saharan camel.’ she might reply: ‘yes, but what if we both die together? the use of precedent from past cases is a form of image-making, since it involves the court constructing a narrative pattern of facts in a way that groups and re-groups past cases in light of the new, present circumstances.

Judge, jury and executioner: the unaccountable algorithm | Aeon

perhaps they do this because such factors only poorly predict a person's success as a judge. this technique takes our conventional associations and then disturbs them; in doing so, it makes the familiar strange. but overall it should be celebrated – in law and, perhaps, in other domains where people must engage in the messy business of public reasoning. it is a tentative, non-assertive mental act: we leave the law as it is, but also signal the possibility of it changing. in so doing, it creates the possibility of evolution, but without dictating what that alternative ought to be. this metaphor proved useful; it helped the judges to sidestep the devilish problems of determining the precise origin of a custom, as well as retaining some flexibility about how quickly or slowly such customs might emerge, and the amount of consensus that would be required. people is wrong – but it’s also widespread and sacred. thinking also draws on the imagination by setting up surprising, unexpected relations. there is an alternative view: that women may actually be better judges. time, these figures of speech can harden and conventionalise, deadening the imagination and doing more harm than good. are female nominees for judicial positions chosen based on affirmative action? Sonia Sotomayor's elevation to the Supreme Court brought to the surface a long-simmering controversy about the relationship between gender and . it’s been tied up there for the last 36 years. needless to say, this fiction often proved useful in raising revenue for the company. pull down a dusty volume of case law from a barrister’s bookshelf, and you’ll discover a parade of fantastical beings that could have been lifted from the pages of jorge luis borges or dr seuss. in later cases, this hypothetical narrative went on to become one of the most important parts of the decision.

College Essay - Sample College Application Essay 2

there is no obvious way, however, to measure judicial quality; lawyers dispute endlessly whether cases are rightly or wrongly decided—and, ultimately, a good judge is just a judge who decides cases correctly. indeed, they went on to display them for two years, and then sued the garage for the amount owing. when the owner found out about the plan, he was livid. second potential explanation for our findings: it might be that presidents (and governors and others who select judges) look for characteristics other than elite education, legal experience, and similar markers. there is no obvious way, however, to measure judicial quality; lawyers dispute endlessly whether cases are rightly or wrongly decided—and, ultimately, a good judge is just a judge who decides cases correctly. a woman who'd gone to harvard and moved to the bench after 20 years of experience in a law firm would be a somewhat more independent judge than a man with the same professional background—that is, more likely to publicly disagree with a judge of her party. the advertising company refused, and demanded payment for the ads – even though they were not due to begin displaying them for another nine months. if so, are women on the bench worse judges than men—or do they come with advantages that men lack? we make and unmake tapestries of facts, both actual and impossible, and use them to test our intuitions and glean insight. we looked at the performance of hundreds of judges over a number of years and working in different types of courts—state supreme courts, federal trial courts, and federal appellate courts. (a third, that our measures of judicial quality are not any good, we prefer to ignore! the automobile might not be covered, and the house is. presidents and governors may have a rough sense of a threshold for a judicial candidate, one that leaves them with a large group from which to choose on the basis of other characteristics—for example, party loyalty, or personal reputation, or other intangibles. lord denning, in a dissenting judgment, imagined the following dialogue:[t]he doctor might say: ‘we are going off for three years to these far-off places and in case anything happens to either of us we ought to make our wills. but that principle changed after shirlaw v southern foundries (1926), where justice mackinnon stated:for my part, i think that there is a test that may be at least as useful as such generalities. to gain jurisdiction, the british court treated the territory as if it were a suburb of london.

 finally, there’s the fourth mode of legal imagining: the ability to take on the perspectives of other people. it’s tied up to a dock that’s got no motor on it at all. in addition to imagining perspectives, judges will sometimes summon up whole dialogues and conversations, either between imaginary or real persons.. circuit court of appeals, justice sotomayor ranked among the most cited federal appellate judges in the country. a reader in legal theory at the school of law at queen mary university of london. men face no similar pressures and so live in a happy bubble of illusion. ‘[t]he pestilential breath of fiction poisons the sense of every instrument it comes near,’ wrote the jurist and philosopher jeremy bentham in 1776., i will focus on the common law – a tradition that comes from britain, and in which the authority for a principle is settled through the slow accretion of case law and custom, rather than by setting out everything in statutes or codes. the legal realm is full of unlikely and improbable possibilities, as well as paths not taken, counterfactuals, mights, perhapses and maybes. one might conjecture that women develop thicker hides in legal practice or that men with thinner hides are more likely to flee the rigors of private practice and take refuge in lower-paying judgeships. imagination allows judges to explore what might be at stake in any particular dispute, and to provide a set of resources for future decision-makers. such flexibility in characterisation allows the judge to evaluate ‘reasonableness’ in a way that balances the local circumstances and peculiar characteristics of a person (whether the defendant or plaintiff) with the more general, societal expectations of sensible behaviour. sometimes, this form of communication involves pretence and make-believe; at other times, quirky juxtapositions – of trees and constitutions, or of customs and crystals. the court had to balance two principles: on the one hand, there is the individual’s right to privacy in his home; on the other, where the evidence is found in a vehicle, and thus might be lost, the police have the power to enter and seize it without a warrant. the relevant test used to be whether the term would promote ‘business efficacy’: does the contract need this term to be commercially effective? the above examples are metaphors, but there are many other kinds of invitations to relate – including metonymy and synecdoche, where an attribute or a part of something is made to represent the whole (some of which are very familiar, such as ‘the crown’ or ‘branches of government’).

the court had to figure out who should inherit their property, a decision that turned on whether or not their deaths ‘coincided’ according to a term in their will. these exchanges often involve laughter (the relationship between humour and the imagination is under-appreciated and under-explored). this suggests that the pool of stellar female candidates for the judiciary is smaller than the pool of stellar male candidates, which provides ammunition for the conservative argument that president obama's choice of sotomayor, or another female justice, involves affirmative action in favor of women. still, we have come up with some indirect measures of judicial quality. conservatives believe that gender should not factor into the choice of judges and justices. bentham claimed that legal language would reflect the truth of affairs only if it were direct and free of ornament, and accused lawyers of deliberately mystifying the law so as to retain sole guardianship over its mysteries – and thereby enrich themselves. if female judges are chosen on the basis of sex rather than ability, they must be less talented than male judges, the theory goes. he pointed to a hypothetical scenario to explain his position. women might be better judges than men, and that would explain why less experienced women perform just as well as more experienced men—with women's "life experience," in effect, making up for their more limited legal experience. sotomayor herself obliquely expressed this view long before her nomination, saying, as we heard repeated often last summer, "i would hope that a wise latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life. the defendant had been repeatedly warned, but said on one such occasion that ‘he would chance it’. so if you are making a contract to sell something, it couldn’t be broken or defective; a term that that the goods are of saleable quality would be implied as part of the agreement. had drunk from a bottle of ginger beer; to her horror, there was a dead snail in ithere language goes further than just supposing. individual judges must resolve knotty questions under conditions of uncertainty, and in a context in which there’s usually profound disagreement about both what has happened and what ought to be done about it. this mode of thought involves its fair share of judge-invented fictions. the case turned on the double-barrelled question: did the manufacturers owe donoghue a duty of care, and what was the scope of such a duty?

Essay why i want to be a judge

but as the legal scholar teemu ruskola at emory university in atlanta argues in legal orientalism (2013), ‘the idiom of the family was frequently only a legal fiction used to recruit members, many of whom were not even related by blood to the clan they joined’. because the job of the judge involves seeing other people's perspectives, female judges have a real, albeit hard-won, advantage. but when they are fresh and alive, such literary manoeuvres open up multiple possibilities, rather than closing them down. in california v carney (1985), the us supreme court considered the case of charles carney, who had been accused of trading marijuana out of a motor home parked in downtown san diego. in fact, the evidence suggests that they are at least as good as male judges, perhaps better. sonia sotomayor's elevation to the supreme court brought to the surface a long-simmering controversy about the relationship between gender and judging. these include productivity (how many opinions judges write), influence (how frequently other judges rely on their opinions), and independence (how often judges dissent from opinions written by judges who belong to the same political party). but we did wonder whether the judicial opinions of female judges on these issues might receive more citations because other judges would regard the women as expert. she fell sick and sued the manufacturer, claiming that they should have foreseen that the product’s poor quality could make people ill. in white & carter (councils) ltd v mcgregor (1961), the house of lords considered the case of a garage owner in scotland, whose sales manager had signed a contract with an advertising company to display the garage’s brand on rubbish bins. they have attended lower-ranked colleges and lower-ranked law schools, they are less likely to have had judicial clerkships (a prestigious job often taken by top law school graduates), and they have less experience in private practice before becoming judges. and it’s hooked up to the sewage, electricity, etc, and it’s right beside a house. if so, are women on the bench worse judges than men—or do they come with advantages that men lack? these include productivity (how many opinions judges write), influence (how frequently other judges rely on their opinions), and independence (how often judges dissent from opinions written by judges who belong to the same political party). every law student knows donoghue v stevenson (1932), the case that almost single-handedly created the modern law of negligence. judges have been doing this sort of ‘as-if’ style of imagining for thousands of years.

fictions, metaphors, hypothetical narratives and multiple perspectives are hugely helpful because they each generate a different set of possibilities. this might explain why female judges tend to be more independent than male judges: with a deeper pool of men to choose from, perhaps politicians select men who are proven partisan loyalists rather than the men with the most talent. they were entitled to go ahead and enact the contract, and did not have to mitigate the damage caused by the garage’s change of mind. presidents and governors may have a rough sense of a threshold for a judicial candidate, one that leaves them with a large group from which to choose on the basis of other characteristics—for example, party loyalty, or personal reputation, or other intangibles. aeon straight to your inboxdailyweeklylegal reasoning has at least four imaginative abilities at its disposal. claim that women are worse—or better—than men at judging should be susceptible to empirical investigation. imagery is often conjured in the margins of judgments – in the passing commentary that judges provide, known as the obiter dictum, rather than in the hard-nosed reasons that they give for their decisions, called the ratio decidendi. here, a certain may donoghue had gone to café in scotland, where she sat down and drank a bottle of ginger beer. because the job of the judge involves seeing other people's perspectives, female judges have a real, albeit hard-won, advantage. men face no similar pressures and so live in a happy bubble of illusion. there may be some way to move that from one place to another. hypotheticals invite us to experiment, to think up variations, to offer counter-examples. counsel for the defendant had also claimed that the defendant was of limited intelligence – is the level of intelligence a relevant characteristic of the reasonable person? fictions do not undermine or complicate legal language: in fact, they make it incredibly resourceful. in so doing, imagination enables a kind of interactive inquiry, over time, about the content of our shared norms. in principle, yes, said the icj (though, for other reasons, it wasn’t found to apply in this instance).

supposing allows us to suspend some fixed requirement, temporarily and for a good reason, and to open up the time and space to search for another principle. bentham would probably see this as an example of undercover, dishonest law-making. i think that would be covered, and i think that the –judge: it has wheels?, imagining is a mode of enquiry into what might matter – a collective, interactive investigation of what might be at stake in some dispute or issue. the first is supposing: pretending that something is the case when you know or suspect that it’s not. if they were just as good, it would not be necessary to put a thumb on the scale in their favor when evaluating judicial candidates." most women, unlike most men, know what it is like to be discriminated against and oppressed and, if they want to succeed, must "learn to see both sides in ways that men do not," as slate's dahlia lithwick put it. he phoned up the advertiser on the day the contract was signed to upbraid his sales manager and cancel the campaign. in re rowland (1962), a young doctor and his wife both died in a boat accident in the south pacific. it’s sort of like an automobile that is parked right next to the house in the driveway. this might explain why female judges tend to be more independent than male judges: with a deeper pool of men to choose from, perhaps politicians select men who are proven partisan loyalists rather than the men with the most talent. courts in ancient rome frequently used a mechanism known as fictio civitatis, the fiction of citizenship, which let authorities rule on the behaviour of ‘aliens’ as if they were romans. indeed, female judges with the same level of experience as male judges are more likely to dissent from opinions written by fellow democratic or republican appointees, suggesting perhaps that women on the bench are less influenced by political considerations or are just tougher nuts than their brethren., fantastical beings, and a fictional omnibus: legal reasoning is made supple by its use of the imaginationYour web browser must have javascript enabled. legal language here feeds on the subjunctive; it signals its own artificiality, and so demonstrates the fragility of legal knowledge. to justify this decision, lord sankey likened the constitution to a ‘living tree capable of growth and expansion within its natural limits’ – a metaphor that spread to other jurisdictions, and remains influential to this day.
 sometimes, these terms are implied by statute, but courts will also entertain case-by-case clauses put forward by one of the parties. for example, a court will sometimes imply a term into a disputed contract – that is, introduce a requirement that does not appear in the written document. on the one hand, surely people shouldn’t be reckless as to the damage that their actions might cause; but on the other, it would be unreasonable to make them responsible for every single kind of harm, no matter how remote or unlikely. the house of lords, by a slim majority, decided that the advertiser was in the right., the more fanciful these hypothetical narratives, the more effective they are at getting the court to focus on the present case and its potential future implications. for example, in mcghee v national coal board (1973), a man contracted dermatitis after getting covered in brick dust in the process of mucking out kilns. under the principle put forward by the majority, he would be entitled to leave for the trip and claim payment. but we did wonder whether the judicial opinions of female judges on these issues might receive more citations because other judges would regard the women as expert. and, in fact, as we've mentioned, our data show that, controlling for experience, women do outperform men on one of the three measures—independence. when it comes to performance rather than qualifications, we find no statistically significant differences between the decision-making ability of male and female judges in any of our data sets. sonia sotomayor's elevation to the supreme court brought to the surface a long-simmering controversy about the relationship between gender and judging. because many fewer women than men went to law school in the 1970s and 1980s, and more women drop out of legal practice to care for their families than men do, the pool of judicial candidates today is dominated by men. how common was this practice of placing haystacks on the perimeters of one’s property – should the reasonable person be said to know this? he is the co-editor of legal fictions in theory and practice (2015). they caught fire, and the plaintiff’s cottages were burnt to the ground. is the romance of the french foreign legion a cult of death?

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