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Cambridge Core - US Law - Judging in Good Faith - by Steven J. Burton.
Table of contents

Its petition called on the Supreme Court to step in to resolve the circuit split. The 11th Circuit denied that request when it issued its per curiam decision.


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Sutherland then hustled to get his petition to the Supreme Court a mere two weeks later. The issue at stake in these cases goes beyond support of or opposition to the LGBT agenda. If legal protection is to be extended to gay and lesbian employees in the workplace, it should be done by Congress which has repeatedly declined to do so.

Judges who simply invent such a right, out of personal sympathy for the cause, conformity to groupthink, or vanity, forfeit their status as neutral decisionmakers and reveal themselves to be political actors.

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They are faking, expecting the public to fall for it. Like a magician badly-performing a card trick, or a sloppy sleight-of-hand, this time the audience was not fooled.

The Supreme Court should grant cert in Zarda and rebuke the activist judges who have made a mockery of their oaths. No, there was an election in Those with TDS are still in denial.

"Judging in Good Faith" by Steven J. Burton

Follow us. Judicial Activism. June 01, by Mark Pulliam. His new blog is a welcome addition and a splendid and provocative resource. You don't want to be on the wrong end of his pen. His commentary on law, politics, and policy is not to be missed. And it is our gain. It's awesome. Make sure to visit and register.

Mark Pulliam's new blog is a thing of wit and intelligence. Featured In. Sign up for updates Get the latest updates, news, and alerts directly from the source. Featured Tweets No, there was an election in About Archives Contact Get Alerts. Steven J. This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law.

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Judging in Good Faith

He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law.

The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results.

Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law. The good faith thesis.

The control of power in private law