Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...

Judicial independence is widely considered to be a foundation for the rule of law (Council of Europe 1998; United Nations 1985), and establishing judicial independence in developing and transition economies has become a major goal of donor-supported legal and judicial reform programs. This topic brief will address three questions related to judicial independence. First, what exactly does "judic...

Document drafting is an essential component of judicial problem solving. This paper distinguishes several classes of judicial documents based on (1) the stage of the judicial process in which they are created, (2) the complexity of the documents, and (3) the party who drafts the documents: a judge, judicial support personnel, or a litigant. Three approaches to automated document drafting are id...

The lack of legislations regulate legal issues transgenderism, transsexuality and sex reassignment surgery (SRS) in Egypt, lead to the raise many questions regarding legality conducting SRS its consequences, this paper aims highlight occurred Egypt determine approach taken by Judicial authorities dealing with matter provides a critical analysis related rulings issued Egyptian courts, given that...

In court interpreting, the law distinguishes between the prescribed activity of what it considers translation – defined as an objective, mechanistic, transparent process in which the interpreter acts as a mere conduit of words – and the proscribed activity of interpretation, which involves interpreters decoding and attempting to convey their understanding of speaker meanings and intentions. Thi...

Talmudic literature documents a sharp debate among the tannaim regarding the legitimacy of the process of compromise or, to be more precise, of the process of bitsu‘a. This dispute appears in a well-known passage in Tosefta Sanhedrin, chapter 1, and in both Talmuds (y.Sanh. 1:1 [18b], b.Sanh. 6b), and is also mentioned briefly in Sifre Deuteronomy §17. Even upon first glance it can be seen that...

Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...

This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approa...