审判质量及法官说理——回应哈特教授对法院的批判

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【作者】阿诺德.T

【内容提要】

Professor Henry M. Hart, Jr. criticized the current performance of the Supreme Court, suggesting that the quality of the Court's opinions would be improved were the Justices to spend more time in collective deliberation. This article disputes Professor Hart's thesis, and, pointing to recent civil-liberties cases, concludes that the incumbent members of the Court have been successful in fulfilling the Court's function and maintaining its stature as an institution.

【关键词】Professional standards; Inexorably emerging conclusion; First-rate lawyers; Judicial resources

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