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Overly complex rules cannot, Moyer's research suggests, fully compensate for differences in judicial attitude.
Mr. Distenfield said that a 64-page opinion devoted to imposing a $10 fine showed a judicial attitude.
The present chief justice, William Rehnquist, published a book in 1998, "All the Laws but One," that describes the generally submissive judicial attitude in these matters.
The Judicial Attitude Survey was anonymous and voluntary, conducted online by an independent research centre, the Judicial Institute of University College London.
A recent judicial attitude survey found 48% of female and 36% of male judges feared for their safety out of court, while 51% of all judges who responded feared for their personal safety while in court.
There are two extraordinary things about the UK judicial attitude survey: first, that it was commissioned by the senior judiciary and, secondly, that its findings for England and Wales, Scotland and Northern Ireland were published.
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L.J. 39, 54, 66 (2006); Randall, Judicial Attitudes Toward Arbitration and the Resurgence of Unconscionability, 52 Buffalo L.Rev.
The decisions Mr. Breinholt collected do provide a snapshot of public and judicial attitudes.
According to Jeffrey Segal and Harold Spaeth, political scientists who study the Court, judicial "attitudes", not the subtleties of legal principles, matter most in the justices' decisions.
A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time.
That revolution was likely largely the product of a "widespread, independent shift in judicial attitudes". It was not discernable in cases tried before juries.
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