His jurisprudence is distinguished by his confidence in the ability of judges to resolve difficult issues.
In municipal bankruptcies, for instance, the ability of judges to intervene in how a city is run is sharply limited.
They rely on racial profiling and rigid rules designed to remove the ability of judges or other officials to take individual or contextual circumstances into account.
I am one person who certainly questions the ability of Judge Mukasey to force the executive branch of government to obey the law.
Tocqueville noted that the ability of judges to undertake partisan action is sharply restricted because they can act only when a case is brought before them.
The judges who set policy for the federal court system voted today to oppose new limits on the ability of judges to attend privately sponsored seminars and educational programs.
The amendment, which had won the signatures of 106 MPs, would have curbed the ability of judges to block the deportation of foreign criminals, and prevent them from resisting deportation on the grounds of their right to a family life except when it would cause "manifest and overwhelming harm" to children.
"Her statement reflects a belief that the law can and should be used by those who interpret it to change social norms.... "Truly, that is a definition of activism, the ability of judges to impose on the culture those things which they prefer rather than have the culture initiate through their elected representatives those things which the culture prefers.
Its reticence no doubt reflected the fact that across the entire range of employment discrimination law, the ability of judges to impose remedies when plaintiffs have not proven deliberate discrimination is under sustained attack from employer groups and conservative legal organizations.
A shift toward determinate sentencing, Mr. Weisberg pointed out, has sharply reduced the ability of judges to impose lighter punishment, while strengthening the resolve of prosecutors who, in a case like Mr. Polanski's, cut tougher deals because they are backed by heavier and more definite sentences for each count, and a lessened opportunity to get probation.
