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Record W2572350151 · doi:10.3138/utlj.4216

Why judges should dissent

2017· article· en· W2572350151 on OpenAlexaffvenue
Peter W. Hogg, Ravi Amarnath

Bibliographic record

VenueUniversity of Toronto Law Journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsYork University
Fundersnot available
KeywordsDissenting opinionDissentPolitical scienceJudicial opinionTransparency (behavior)LawIndeterminacy (philosophy)Law and economicsSociologyEpistemologyPolitics

Abstract

fetched live from OpenAlex

This article discusses why judges at intermediate appellate courts should dissent when they are in disagreement with their colleagues as to either the outcome of a case or the reasons given to reach a particular decision. The authors argue that dissenting judgments promote individual judicial responsibility and demonstrate transparency as to how a decision was reached by a panel of judges. They also describe how dissenting judgments have the ability to potentially shape the law at different courts, including international courts. The article goes on to describe the challenges judges face when deciding whether to dissent. Specifically, the authors discuss how the politicization of judgments, the indeterminacy of decisions, and the fracturing of collegiality within a court can deter judges from writing a dissenting judgment.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.983
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0060.001
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.042
GPT teacher head0.290
Teacher spread0.248 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2017
Admission routes2
Has abstractyes

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