Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where ...

'Clear Abuse of Discretion': 9th Circuit Says Judge Should Have Recused From Death Row Inmate's Lawsuit "There is no reason for Judge Brailsford to subject herself to the very human pressures that ...

A retired Jefferson County judge and a member of Louisville Metro Council went head-to-head at the Louisville Forum.

On Tuesday, the U.S. Court of Appeals for the D.C. Circuit granted a petition for rehearing en banc in End Citizens United PAC v. Federal Election Commission, to consider whether FEC decisions to ...

The authors write: Turning now to this month’s topic, “’Judicial discretion is a phrase of great latitude; but it never means the arbitrary will of the judge.’ . . . It is a legal discretion founded ...

Various code sections give the IRS discretion to reduce or eliminate a tax liability for equity or hardship reasons. If the IRS fails to reduce a liability, the taxpayer can ask a court to mandate a ...