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University of Arizona
1.
Leonard, Meghan Elizabeth.
Delegation and Policy-Making on State High Courts
.
Degree: 2010, University of Arizona
URL: http://hdl.handle.net/10150/193807 
► As courts in separation-of-powers systems are said to have the power of neither the purse nor the sword, their institutional legitimacy is essential for ensuring…
(more)
▼ As
courts in separation-of-powers systems are said to have the power of neither the purse nor the sword, their institutional legitimacy is essential for ensuring compliance with their decisions. While institutional legitimacy has been examined in-depth for national
high courts, the legitimacy of sub-national
courts has been overlooked. In this dissertation I develop a new measure of court-level institutional legitimacy for
state high courts. I use multilevel regression and poststratification to create
state-level measures from individual-level survey results. In this dissertation, I develop a theory of review and delegation by
state high courts. I argue that these
courts work toward two main goals: implementing their policy preferences and maintaining the legitimacy of their institution. I argue for a two-stage process that considers whether or not the court will decide on the constitutionality of a statute in the first stage and whether they will overturn the statute and delegate policy control back to the other branches of government in the second. Relying on the literatures on both institutional legitimacy and political delegation, I suggest that
courts may delegate policy control back to the other branches of government by specifically stating this in their opinion. Finally, I examine the conditions under which a
state high court will delegate to either the
state legislature or the executive branch. Overall, I find that legitimacy is important when considering
state high court decision-making; and it must be considered along with political context and institutional rules as one of the central motivations for
state high courts in separation of powers theories.
Advisors/Committee Members: Langer, Laura (committeemember), Leighley, Jan (committeemember), Westerland, Chad (committeemember).
Subjects/Keywords: delegation;
institutional legitimacy;
judicial decision-making;
state high courts
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APA (6th Edition):
Leonard, M. E. (2010). Delegation and Policy-Making on State High Courts
. (Doctoral Dissertation). University of Arizona. Retrieved from http://hdl.handle.net/10150/193807
Chicago Manual of Style (16th Edition):
Leonard, Meghan Elizabeth. “Delegation and Policy-Making on State High Courts
.” 2010. Doctoral Dissertation, University of Arizona. Accessed January 18, 2021.
http://hdl.handle.net/10150/193807.
MLA Handbook (7th Edition):
Leonard, Meghan Elizabeth. “Delegation and Policy-Making on State High Courts
.” 2010. Web. 18 Jan 2021.
Vancouver:
Leonard ME. Delegation and Policy-Making on State High Courts
. [Internet] [Doctoral dissertation]. University of Arizona; 2010. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10150/193807.
Council of Science Editors:
Leonard ME. Delegation and Policy-Making on State High Courts
. [Doctoral Dissertation]. University of Arizona; 2010. Available from: http://hdl.handle.net/10150/193807
Louisiana State University
2.
Dumas, Tao Lotus.
Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes.
Degree: PhD, Political Science, 2011, Louisiana State University
URL: etd-09302011-133240
;
https://digitalcommons.lsu.edu/gradschool_dissertations/3421
► During the ratification debates the Federalists and Anti-federalists contested the merits of the civil jury. The Anti-federalists, preferring strong local government, argued that civil juries…
(more)
▼ During the ratification debates the Federalists and Anti-federalists contested the merits of the civil jury. The Anti-federalists, preferring strong local government, argued that civil juries empowered communities to settle disputes themselves based on local standards. On the other hand, Federalists maintained that civil juries were outmoded and produced inconsistent applications of the law from one locale to another, jeopardizing the rule of law. Although the ratification debates ultimately ended with the inclusion of the Seventh Amendment guaranteeing the right to a jury trial in all disputes involving claims greater than $20, the disagreement between the Federalists and the Anti-federalists closely mirrors the current debate between advocates and opponents of tort reform. These persistent, normative questions regarding the role of civil juries in American society give rise to the empirical questions that my dissertation explores. First, are there differences in the way that civil juries resolve disputes and allocate resources from one community to another, and if there are, what factors explain and predict those differences? Secondly, are there similar differences across states in litigation outcomes? I endeavor to explain differences in civil trial outcomes based on social, political, and economic conditions, within and across states, using an original data set comprised of all 2009 cases decided in the Alabama, Hawaii, Indiana, Kentucky, and Tennessee civil trial courts, including an in-depth analysis of Alabama trial courts using interviews conducted in the state and data collected from 2002-2009. My dissertation also explores the underexplored relationship between judicial selection method and trial court decision-making by comparing outcomes across partisan, nonpartisan, retention, and gubernatorial appointment selection systems. I also analyze the effect of tort reforms seeking to limit non-physical and punitive damage awards on amounts awarded across states.
Subjects/Keywords: state politics; trial courts; judicial politics; state courts
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APA (6th Edition):
Dumas, T. L. (2011). Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes. (Doctoral Dissertation). Louisiana State University. Retrieved from etd-09302011-133240 ; https://digitalcommons.lsu.edu/gradschool_dissertations/3421
Chicago Manual of Style (16th Edition):
Dumas, Tao Lotus. “Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes.” 2011. Doctoral Dissertation, Louisiana State University. Accessed January 18, 2021.
etd-09302011-133240 ; https://digitalcommons.lsu.edu/gradschool_dissertations/3421.
MLA Handbook (7th Edition):
Dumas, Tao Lotus. “Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes.” 2011. Web. 18 Jan 2021.
Vancouver:
Dumas TL. Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes. [Internet] [Doctoral dissertation]. Louisiana State University; 2011. [cited 2021 Jan 18].
Available from: etd-09302011-133240 ; https://digitalcommons.lsu.edu/gradschool_dissertations/3421.
Council of Science Editors:
Dumas TL. Community preferences and trial court decision-making: the influence of political, social, and economic conditions on litigation outcomes. [Doctoral Dissertation]. Louisiana State University; 2011. Available from: etd-09302011-133240 ; https://digitalcommons.lsu.edu/gradschool_dissertations/3421
Wayne State University
3.
Yonkers, Robert Michael.
On The Reputation Of The California, Michigan And New Jersey Supreme Courts.
Degree: MA, Political Science, 2014, Wayne State University
URL: https://digitalcommons.wayne.edu/oa_theses/325
► This thesis examines Horizontal Federalism and Policy Dissemination in a federal system by analyzing the state supreme courts of California, Michigan and New Jersey…
(more)
▼ This thesis examines Horizontal Federalism and Policy Dissemination in a federal system by analyzing the
state supreme
courts of California, Michigan and New Jersey during various terms in their history, using a unique form of citation analysis that builds upon prior efforts. I want to see what, if anything, a raw citation count says about prestige or reputation. For example, what types of cases are cited? Are they followed, not followed, or part of a dissent or concurrence? Are cases expanding the rights of the criminally accused cited frequently by sister
courts? The normative literature associates prestige with expanding the rights of criminal suspects using
state constitutions. (The New Judicial Federalism) Similarly, reputation and prestige are also associated with
high citation counts by sister
courts. My first objective is to determine what is actually being cited and why and my second purpose is to ascertain whether decisions expanding the rights of criminal suspects are more frequently cited than other types of cases. If prestige and the New Judicial Federalism are closely associated, and
high citation counts denote prestige, then it follows that a large percentage of citations by sister
courts would be to such decisions. I conclude that, contrary to expectations, decisions involving the New Judicial Federalism only constitute a small percentage of positive citations by sister
courts and in many cases are negative. The most likely explanation appears to be the method of judicial selection and the level of a given
state Supreme Court's accountability to the public.
Advisors/Committee Members: Susan P. Fino.
Subjects/Keywords: Influence; Prestige; State Supreme Courts; Political Science
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APA (6th Edition):
Yonkers, R. M. (2014). On The Reputation Of The California, Michigan And New Jersey Supreme Courts. (Masters Thesis). Wayne State University. Retrieved from https://digitalcommons.wayne.edu/oa_theses/325
Chicago Manual of Style (16th Edition):
Yonkers, Robert Michael. “On The Reputation Of The California, Michigan And New Jersey Supreme Courts.” 2014. Masters Thesis, Wayne State University. Accessed January 18, 2021.
https://digitalcommons.wayne.edu/oa_theses/325.
MLA Handbook (7th Edition):
Yonkers, Robert Michael. “On The Reputation Of The California, Michigan And New Jersey Supreme Courts.” 2014. Web. 18 Jan 2021.
Vancouver:
Yonkers RM. On The Reputation Of The California, Michigan And New Jersey Supreme Courts. [Internet] [Masters thesis]. Wayne State University; 2014. [cited 2021 Jan 18].
Available from: https://digitalcommons.wayne.edu/oa_theses/325.
Council of Science Editors:
Yonkers RM. On The Reputation Of The California, Michigan And New Jersey Supreme Courts. [Masters Thesis]. Wayne State University; 2014. Available from: https://digitalcommons.wayne.edu/oa_theses/325
University of Georgia
4.
Coggins, Kathryn Elizabeth.
An integrated approach to judicial decision making in the state supreme courts.
Degree: 2014, University of Georgia
URL: http://hdl.handle.net/10724/24865
► Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are…
(more)
▼ Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are driven by judges' sincere policy preferences
– judges bring their ideological inclinations to the decision making process and their case outcome choices largely reflect these policy preferences. In contrast, in the law and economics literature, Priest and Klein's well-known Selection Hypothesis
posits that court outcomes are largely driven by the litigants' strategic choices in the selection of cases for formal dispute or adjudication – forward thinking litigants settle cases where potential judicial outcomes are readily discernable (e.g.
judicial attitudes are known), hence nullifying the impact of judicial ideological preferences on case outcomes. I believe that the strategic case sorting process proposed in the law and economics literature does, in fact, affect the influence of judge
ideology or attitudes on judicial outcomes. However, these two perspectives can be effectively wed to provide an integrated model of judicial decision making that accounts for the influences of both the strategic behavior of litigants and the attitudinal
preferences of judges. I test this integrated model of decision making on case outcomes in state supreme courts in the United States and employ an interactive specification to assess the influence of judicial ideology on outcomes while simultaneously
accounting for litigants' (and justicesÕ) strategic case sorting behavior.
Subjects/Keywords: state supreme courts; attitudinal model; selection hypothesis
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APA ·
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Manager
APA (6th Edition):
Coggins, K. E. (2014). An integrated approach to judicial decision making in the state supreme courts. (Thesis). University of Georgia. Retrieved from http://hdl.handle.net/10724/24865
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Coggins, Kathryn Elizabeth. “An integrated approach to judicial decision making in the state supreme courts.” 2014. Thesis, University of Georgia. Accessed January 18, 2021.
http://hdl.handle.net/10724/24865.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Coggins, Kathryn Elizabeth. “An integrated approach to judicial decision making in the state supreme courts.” 2014. Web. 18 Jan 2021.
Vancouver:
Coggins KE. An integrated approach to judicial decision making in the state supreme courts. [Internet] [Thesis]. University of Georgia; 2014. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10724/24865.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Coggins KE. An integrated approach to judicial decision making in the state supreme courts. [Thesis]. University of Georgia; 2014. Available from: http://hdl.handle.net/10724/24865
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Colorado
5.
Denniston, Mark W.
When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism.
Degree: PhD, Political Science, 2012, University of Colorado
URL: https://scholar.colorado.edu/psci_gradetds/21
► State supreme courts occasionally rely on the provisions of their own state constitutions to expand rights for their citizens beyond the protections that the…
(more)
▼ State supreme
courts occasionally rely on the provisions of their own
state constitutions to expand rights for their citizens beyond the protections that the U.S. Supreme Court has interpreted the U.S. Constitution to require. This practice is known as the New Judicial Federalism.
State supreme
courts have the prerogative to recognize more expansive rights under their
state constitutions because the U.S. Constitution sets a floor and not a ceiling for the protection of individual rights. On the other hand, the U.S. Supreme Court has unmatched resources as well as unparalleled prestige, and most
state supreme
courts give considerable respect and deference to its interpretations of common or similar constitutional language.
The challenge for political scientists is to explain why some
state supreme
courts have chosen to expand rights and why other
courts prefer to follow the example and interpretation of the U.S. Supreme Court. I hypothesize that
state supreme
courts are engaged in an ongoing dialogue about rights by considering the reasoning contained in sister
state supreme court decisions, prior deciding court precedent, and changes in U.S. Supreme Court precedent, when deciding whether to expand rights under
state constitutions. This dissertation examines the decisions of
state supreme
courts, as well as interviews with
state supreme court justices, to examine why
state supreme
courts sometimes render rights expanding decisions, but more often follow the approach adopted by the U.S. Supreme Court in interpreting the U.S. Constitution
Advisors/Committee Members: John P. McIver, Vanessa A. Baird, Kenneth Bickers, Frank Colucci, Scott A. Moss.
Subjects/Keywords: judges and judging; judicial politics; New Judicial Federalism; state constitutionalism; state constitutional law; state supreme courts; Courts; Law; Political Science
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APA ·
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Manager
APA (6th Edition):
Denniston, M. W. (2012). When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism. (Doctoral Dissertation). University of Colorado. Retrieved from https://scholar.colorado.edu/psci_gradetds/21
Chicago Manual of Style (16th Edition):
Denniston, Mark W. “When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism.” 2012. Doctoral Dissertation, University of Colorado. Accessed January 18, 2021.
https://scholar.colorado.edu/psci_gradetds/21.
MLA Handbook (7th Edition):
Denniston, Mark W. “When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism.” 2012. Web. 18 Jan 2021.
Vancouver:
Denniston MW. When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism. [Internet] [Doctoral dissertation]. University of Colorado; 2012. [cited 2021 Jan 18].
Available from: https://scholar.colorado.edu/psci_gradetds/21.
Council of Science Editors:
Denniston MW. When the U.S. Supreme Court is Not the Last Word: Dialogue Between State Supreme Courts and its Role in State Constitutionalism. [Doctoral Dissertation]. University of Colorado; 2012. Available from: https://scholar.colorado.edu/psci_gradetds/21
6.
Fisk, Matthew S.
A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community.
Degree: 2013, University of Nevada – Reno
URL: http://hdl.handle.net/11714/3157
► Criminology (the study of crime and criminals), has devoted significant scientific research to community courts and their delayed and alternative adjudication programs, which are commonly…
(more)
▼ Criminology (the study of crime and criminals), has devoted significant scientific research to community
courts and their delayed and alternative adjudication programs, which are commonly known as drug
courts.
High performance-oriented
courts are striving to integrate rigorous scientific methodology with the current laws, socio-economic context and judicial culture through effective and efficient drug
courts. This study analyzes pre and post-performance data from 2
high-functioning drug
courts in the Nevada communities of Las Vegas and Reno; identifying relationships between best-practice-adherent drug
courts and reduced incarceration rates. Incarceration, due to its collaterally intrusive, costly and stigmatizing effects, is the focus of this study, which follows
high-risk/low-functioning populations and concludes with the cost-effectiveness of science-based drug
courts.
Advisors/Committee Members: Fisk, Matthew S. (advisor), Griffin, Timothy (committee member), Leone, Matthew (committee member), Quint, Kevin (committee member).
Subjects/Keywords: drug courts; high-needs; high-risk; probation; problem solving; therapeutic justice
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APA (6th Edition):
Fisk, M. S. (2013). A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community. (Thesis). University of Nevada – Reno. Retrieved from http://hdl.handle.net/11714/3157
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Fisk, Matthew S. “A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community.” 2013. Thesis, University of Nevada – Reno. Accessed January 18, 2021.
http://hdl.handle.net/11714/3157.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Fisk, Matthew S. “A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community.” 2013. Web. 18 Jan 2021.
Vancouver:
Fisk MS. A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community. [Internet] [Thesis]. University of Nevada – Reno; 2013. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/11714/3157.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Fisk MS. A Strategic Collaboration of Law & Science for a Healthy & Therefore Safe Community. [Thesis]. University of Nevada – Reno; 2013. Available from: http://hdl.handle.net/11714/3157
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Penn State University
7.
Martin, Robert Russell.
Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
.
Degree: 2013, Penn State University
URL: https://submit-etda.libraries.psu.edu/catalog/18695
► Religious believers across the globe have two sets of obligations: the obligation to follow the dictates of their creed and the obligation to obey the…
(more)
▼ Religious believers across the globe have two sets of obligations: the obligation to follow the dictates of their creed and the obligation to obey the law of the
state. Though these obligations often exist in harmony with one another, they come into opposition when conduct mandated under one set of obligations is proscribed under the other. The federal Constitution and all
state constitutions protect the right to practice one’s religion freely, but how durable are these protections in the face of laws that prohibit what believers feel they must do because of religion? This dissertation explores the results of the judicial process Americans pursue when their religious and legal duties come into conflict, and does so in the context of the
state appellate judicial system. It uses multivariate statistical modeling techniques to answer two related questions: (1) what factors predict whether a free exercise claim will be upheld or rejected in the
state courts, and (2) what factors predict the form of legal test on which judges base their decisions. Legal positivist and legal realist frameworks from the sociology of law are employed to address these research questions. Content analysis of published opinions in the
state appellate court systems from mid-1997 to 2011 was conducted to generate the dataset employed to test hypotheses related to the two research questions. The dissertation finds that claimants in
state appellate free exercise cases are rarely successful; the vast majority of claims are not upheld by the
courts. The dissertation also finds that when judges use legal tests that balance the severity of burdens imposed by the government on religious exercise against the government’s interest in doing so, they are more likely to uphold free exercise claims than when a rational-basis test is used. Unlike previous studies of free exercise disputes in the
courts, however, the dissertation does not report differences in case outcomes based on the religious affiliations of claimants.
Advisors/Committee Members: Roger Kent Finke, Dissertation Advisor/Co-Advisor, John David Mccarthy, Committee Member, Duane Francis Alwin, Committee Member, Christopher Jon Zorn, Committee Member.
Subjects/Keywords: Religion; free exercise; state appellate courts; legal test; religious minorities
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APA ·
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Manager
APA (6th Edition):
Martin, R. R. (2013). Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
. (Thesis). Penn State University. Retrieved from https://submit-etda.libraries.psu.edu/catalog/18695
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Martin, Robert Russell. “Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
.” 2013. Thesis, Penn State University. Accessed January 18, 2021.
https://submit-etda.libraries.psu.edu/catalog/18695.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Martin, Robert Russell. “Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
.” 2013. Web. 18 Jan 2021.
Vancouver:
Martin RR. Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
. [Internet] [Thesis]. Penn State University; 2013. [cited 2021 Jan 18].
Available from: https://submit-etda.libraries.psu.edu/catalog/18695.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Martin RR. Faith in the Balance? An Evaluation of the Outcomes of Religious Free Exercise Claims in the State Appellate Courts, 1997-2011
. [Thesis]. Penn State University; 2013. Available from: https://submit-etda.libraries.psu.edu/catalog/18695
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Boston College
8.
Nolette, Paul Brian.
Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General.
Degree: PhD, Political Science, 2011, Boston College
URL: http://dlib.bc.edu/islandora/object/bc-ir:104391
► This dissertation examines the use of coordinated multistate lawsuits by state attorneys general (SAGs) as a tool to create national policy. Entrepreneurial SAGs have increasingly…
(more)
▼ This dissertation examines the use of coordinated
multistate lawsuits by
state attorneys general (SAGs) as a tool to
create national policy. Entrepreneurial SAGs have increasingly
employed multistate litigation against private industry and the
federal government, reaching numerous out-of-court settlements and
favorable court judgments. These lawsuits have imposed new national
regulatory requirements across several policy areas and have
challenged regulatory regimes established by Congress and federal
agencies. This study investigates three interrelated questions
about multistate SAG litigation: (1) how SAGs have used this
litigation to achieve national regulatory goals, (2) why this
activity has increased over time, and (3) what the consequences are
for American politics and policy. Employing both qualitative and
quantitative analysis, I examine these questions through two
stages. First, I present an analysis of an original dataset
containing SAG lawsuits and legal settlements in four key policy
areas covering 1980 through 2009. Second, I examine three case
studies involving pharmaceutical litigation, air pollution control
litigation, and lawsuits against the firearms industry. I find that
changes in federal law instituted by Congress and the federal
courts have created new opportunity points for SAGs, helping spur a
dramatic increase of multistate litigation. The SAGs built upon
earlier successful efforts, including their blockbuster settlement
with the tobacco industry in 1998, to create new avenues of
collaboration among their fellow SAGs, public interest groups, and
the private bar. The result has been to substantially alter the
regulatory landscape in areas including prescription drug pricing,
pharmaceutical advertising, and greenhouse gas emissions. By
shedding light on this significant form of "regulation through
litigation," this dissertation illustrates how SAGs have seized
upon the trend towards adversarial legalism in America by using the
courts to achieve policy goals when attempts to do so in other
venues fail. This runs contrary to a line of scholarly literature
suggesting that litigation and
courts have a limited impact on
significant social change. This study also demonstrates how
American federalism, commonly thought to serve as a restraint on
the federal government by diffusing power, can be used by skillful
political actors to create more energetic government and stronger
national regulation.
Advisors/Committee Members: Shep Melnick (Thesis advisor).
Subjects/Keywords: Courts; Federalism; Litigation; Regulation; State Attorneys General; States
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APA ·
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MLA ·
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Export
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Manager
APA (6th Edition):
Nolette, P. B. (2011). Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General. (Doctoral Dissertation). Boston College. Retrieved from http://dlib.bc.edu/islandora/object/bc-ir:104391
Chicago Manual of Style (16th Edition):
Nolette, Paul Brian. “Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General.” 2011. Doctoral Dissertation, Boston College. Accessed January 18, 2021.
http://dlib.bc.edu/islandora/object/bc-ir:104391.
MLA Handbook (7th Edition):
Nolette, Paul Brian. “Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General.” 2011. Web. 18 Jan 2021.
Vancouver:
Nolette PB. Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General. [Internet] [Doctoral dissertation]. Boston College; 2011. [cited 2021 Jan 18].
Available from: http://dlib.bc.edu/islandora/object/bc-ir:104391.
Council of Science Editors:
Nolette PB. Advancing National Policy in the Courts: The Use of
Multistate Litigation by State Attorneys General. [Doctoral Dissertation]. Boston College; 2011. Available from: http://dlib.bc.edu/islandora/object/bc-ir:104391
University of Georgia
9.
Trochesset, Allison Elizabeth.
Befriending the states.
Degree: 2018, University of Georgia
URL: http://hdl.handle.net/10724/38464
► Do interest groups lobby the courts in the same way they do the other branches of government? Are amicus curiae, “friends of the court,” just…
(more)
▼ Do interest groups lobby the courts in the same way they do the other branches of government? Are amicus curiae, “friends of the court,” just lobbyist disguised as neutral information arbiters? State supreme courts are quickly becoming
centers of policymaking for many social, economic, and political issues. In recent years, interest groups have realized this importance and participated at greater rates as litigants and as amicus curiae. Astonishingly little is known about the volume
and composition of amicus curiae participation in the state courts of last resort or their impact on judicial decisionmaking. To address this gap in the literature, I collected data on amicus participation in the state supreme courts across all 52
state-courts from 2010 to 2014, including amicus briefs and corresponding judicial decisions. I analyze the characteristics of the amici as well as the information they provide. Through content analysis of amicus briefs and judicial decisions, using
plagiarism software and selective hand coding of amicus briefs, I find that amicus curiae due in fact influence judicial decisionmaking in the state high courts. This influence varies across states and institutional constructs, specifically the retention
mechanisms of the justices themselves, and the presence (or absence) of an intermediate appellate court. Finally, I analyze whether campaign contributions by amici participants influence judicial decisions in states with partisan re-election. I find that
justices behave differently when facing re-election; borrowing a greater percentage of language from amicus briefs when their judicial seat is on the line. Not only does this dissertation have practical implications for interest groups, but it also
raises concerns about judicial independence and accountability, adding to the longstanding normative debate in judicial politics regarding the best method for selecting and retaining justices at the state high court level.
Subjects/Keywords: Amicus Curiae; State Courts; Judicial Selection; Judicial Behavior
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APA (6th Edition):
Trochesset, A. E. (2018). Befriending the states. (Thesis). University of Georgia. Retrieved from http://hdl.handle.net/10724/38464
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Trochesset, Allison Elizabeth. “Befriending the states.” 2018. Thesis, University of Georgia. Accessed January 18, 2021.
http://hdl.handle.net/10724/38464.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Trochesset, Allison Elizabeth. “Befriending the states.” 2018. Web. 18 Jan 2021.
Vancouver:
Trochesset AE. Befriending the states. [Internet] [Thesis]. University of Georgia; 2018. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10724/38464.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Trochesset AE. Befriending the states. [Thesis]. University of Georgia; 2018. Available from: http://hdl.handle.net/10724/38464
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Boston University
10.
Zweerink, Sarah.
Judicial deference to the executive branch at the State Court level.
Degree: 2020, Boston University
URL: http://hdl.handle.net/2144/41545
► A study in the effects of the solicitor general on judicial deference to the executive branch at the state court level. There has been significant…
(more)
▼ A study in the effects of the solicitor general on judicial deference to the executive branch at the
state court level. There has been significant research done into the development of judicial deference, but it almost always takes place at the Supreme Court. Similarly, the Solicitor General’s success rate has only been analyzed at the federal level. Recently there has been a trend of states creating Solicitor General Offices in order to gain the advantage perceived at the federal level. By comparing the level of deference
state courts give to their executive branch over two time periods I determine that although the Solicitor General does impact deference, the impact isn’t immediate. The states with the strongest level of deference were the states that have had Solicitor Generals for a significant amount of time before the analysis. States where the office was created I between the two time periods do experience heightened deference, but at a lower level. This paper seeks to fill the gap in judiciary research where the majority of the focus is on the Supreme Court, which although very important does not give a comprehensive understanding of the US judicial branch.
Advisors/Committee Members: Mattioli, Lauren (advisor).
Subjects/Keywords: Political science; Judicial deference; Solicitor General; State courts
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APA ·
Chicago ·
MLA ·
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CSE |
Export
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Manager
APA (6th Edition):
Zweerink, S. (2020). Judicial deference to the executive branch at the State Court level. (Thesis). Boston University. Retrieved from http://hdl.handle.net/2144/41545
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Zweerink, Sarah. “Judicial deference to the executive branch at the State Court level.” 2020. Thesis, Boston University. Accessed January 18, 2021.
http://hdl.handle.net/2144/41545.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Zweerink, Sarah. “Judicial deference to the executive branch at the State Court level.” 2020. Web. 18 Jan 2021.
Vancouver:
Zweerink S. Judicial deference to the executive branch at the State Court level. [Internet] [Thesis]. Boston University; 2020. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/2144/41545.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Zweerink S. Judicial deference to the executive branch at the State Court level. [Thesis]. Boston University; 2020. Available from: http://hdl.handle.net/2144/41545
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Georgia
11.
Rivner, Asher Louis.
The impact of selection method on counter-majoritarian behavior by state supreme courts.
Degree: 2014, University of Georgia
URL: http://hdl.handle.net/10724/20247
► This thesis presents a preliminary systematic examination of the effect that selection method and term length have on a state supreme court justice's decision to…
(more)
▼ This thesis presents a preliminary systematic examination of the effect that selection method and term length have on a state supreme court justice's decision to overturn legislation through the exercise of judicial review. It examines all
judicial review cases heard between 1995-1999 by the Alabama, Georgia, Michigan, Tennessee, Wisconsin, Pennsylvania, Kansas, New Jersey, Iowa, New York, and South Carolina supreme courts. This study produced statistically significant results indicating
that term length and selection method both play a role in judicial decision making. It also found that term length has a greater influence on the decision making of elected justices than on appointed justices. It reinforces the importance of the
theoretical debate amongst judicial scholars over what role a non-elected body should play in a democratic system. These results also suggest a new avenue for judicial politics scholars to pursue in future research.
Subjects/Keywords: Judicial reveiw; State supreme courts; Judicial; Judicial selection; State court; Counter-majoritarian; Appellate court
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Rivner, A. L. (2014). The impact of selection method on counter-majoritarian behavior by state supreme courts. (Thesis). University of Georgia. Retrieved from http://hdl.handle.net/10724/20247
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Rivner, Asher Louis. “The impact of selection method on counter-majoritarian behavior by state supreme courts.” 2014. Thesis, University of Georgia. Accessed January 18, 2021.
http://hdl.handle.net/10724/20247.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Rivner, Asher Louis. “The impact of selection method on counter-majoritarian behavior by state supreme courts.” 2014. Web. 18 Jan 2021.
Vancouver:
Rivner AL. The impact of selection method on counter-majoritarian behavior by state supreme courts. [Internet] [Thesis]. University of Georgia; 2014. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10724/20247.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Rivner AL. The impact of selection method on counter-majoritarian behavior by state supreme courts. [Thesis]. University of Georgia; 2014. Available from: http://hdl.handle.net/10724/20247
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of North Texas
12.
Perkins, Jared D.
Why Be Friends? Amicus Curiae Briefs in State Courts of Last Resort.
Degree: 2014, University of North Texas
URL: https://digital.library.unt.edu/ark:/67531/metadc799518/
► While there has been a substantial body of research on interest group activity in U.S. federal courts, there has been comparatively little analysis of interest…
(more)
▼ While there has been a substantial body of research on interest group activity in U.S. federal
courts, there has been comparatively little analysis of interest group engagement with
state courts. Given that
state courts adjudicate the vast majority of cases in the American legal system and very few cases are appealed to the Supreme Court, understanding why organized interests participate in these
courts is of great importance. The present study analyzes interest group involvement as amicus curiae in all
state courts of last resort from 1995-1999 to examine what factors motivate organized interests to turn to the
courts. The results indicate that interest groups are primarily motivated by their policy goals in deciding which cases to file amicus briefs in, but that they are limited in their ability to file by institutional constraints unique to
state courts of last resort. This research provides insight into interest group behavior,
state courts and the role organized interests play in influencing legal outcomes in the American states.
Advisors/Committee Members: Branton, Regina, Blackstone, Bethany, Ruderman, Richard.
Subjects/Keywords: interest groups; state supreme courts; judicial politics; state politics; state government; judicial branch; Amici curiae – United States.; Parties to actions – United States.; State courts – United States.; Courts of last resort – United States.
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13.
Lima, Luiza Ferreira.
A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros.
Degree: Mestrado, Antropologia Social, 2015, University of São Paulo
URL: http://www.teses.usp.br/teses/disponiveis/8/8134/tde-22122015-094918/
;
► A retificação de nome e sexo em registro civil tendo como justificativa a inadequação à identidade de gênero documentada não foi, no Brasil, objeto de…
(more)
▼ A retificação de nome e sexo em registro civil tendo como justificativa a inadequação à identidade de gênero documentada não foi, no Brasil, objeto de tratamento legislativo. Diante da incompletude da lei, cabe ao Poder Judiciário, representado por magistrados/as, decidir pleitos (realizados majoritariamente por pessoas transexuais) que versam sobre este tema com base em normas mais abrangentes existentes, costumes e entendimento jurisprudencial. Esta é uma dissertação sobre os discursos veiculados nestas decisões judiciais a partir de pesquisa feita em bancos de dados de sites de todos os Tribunais de Justiça Estaduais do Brasil e no Arquivo do Poder Judiciário da comarca de São Paulo. Meu objetivo é analisar: a construção de categorias extralegais como sexo e transexualidade; as articulações com saberes biomédicos; as apropriações e reinterpretações de documentos legais; e o estabelecimento de normas e limites de subjetividade política especifica a pessoas transexuais a partir do exercício de poder estatal pelo ato da escrita.
The change of name and \"sexïn civil identifications having as motive the belonging to another gender identity than the one in the document is not something due to the Brazilian law. Facing this legislative gap, it is up to Brazilian State Courts, represented by judges, to decide lawsuits (initiated in majority by transsexual people) about this theme using ampler, more general existing rules, customary behavior and case laws. This dissertation is about the discourses transmitted in these judicial decisions based on a research made on all State Courts websites databases and on the Judiciary Power Archive of the City of São Paulo. My objective is to analyze the construction of extralegal categories such as sex and transsexuality; the articulation with biomedical knowledges; the appropriations and reinterpretations of legal documents; and the establishment of norms and limits to political subjectivity specific to transsexual people through the exercise of State power by the act of writing.
Advisors/Committee Members: Silva, Laura Moutinho da.
Subjects/Keywords: Direitos; Discourse; Discurso; Rights; Sex; Sexo; State Courts; Transexualidade; Transsexuality; Tribunais de Justiça
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Lima, L. F. (2015). A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros. (Masters Thesis). University of São Paulo. Retrieved from http://www.teses.usp.br/teses/disponiveis/8/8134/tde-22122015-094918/ ;
Chicago Manual of Style (16th Edition):
Lima, Luiza Ferreira. “A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros.” 2015. Masters Thesis, University of São Paulo. Accessed January 18, 2021.
http://www.teses.usp.br/teses/disponiveis/8/8134/tde-22122015-094918/ ;.
MLA Handbook (7th Edition):
Lima, Luiza Ferreira. “A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros.” 2015. Web. 18 Jan 2021.
Vancouver:
Lima LF. A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros. [Internet] [Masters thesis]. University of São Paulo; 2015. [cited 2021 Jan 18].
Available from: http://www.teses.usp.br/teses/disponiveis/8/8134/tde-22122015-094918/ ;.
Council of Science Editors:
Lima LF. A \'verdade\' produzida nos autos: uma análise de decisões judiciais sobre retificação de registro civil de pessoas transexuais em Tribunais brasileiros. [Masters Thesis]. University of São Paulo; 2015. Available from: http://www.teses.usp.br/teses/disponiveis/8/8134/tde-22122015-094918/ ;
14.
Labatut, Tifany.
L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States.
Degree: Docteur es, Droit privé, 2018, Perpignan
URL: http://www.theses.fr/2018PERP0019
► Le développement de l’arbitrage international s’inscrit de nos jours, comme l’un des modes alternatifs de règlement des conflits le plus utilisé. Sa nature hybride, à…
(more)
▼ Le développement de l’arbitrage international s’inscrit de nos jours, comme l’un des modes alternatifs de règlement des conflits le plus utilisé. Sa nature hybride, à la fois contractuelle et juridictionnelle, en fait le mode privilégié du monde des affaires ; cet engouement pour l’arbitrage international, s’explique en ce que la mondialisation de l’économie et l’effacement progressif des frontières, ont obligé les acteurs du commerce, à résoudre les litiges avec efficacité et immédiateté ; chose que les juridictions étatiques ne sont pas à même de procurer dans la pratique, contrairement à l’arbitrage international, qui jouit d’une réputation favorable, en traitant les conflits qui lui sont confiés, avec célérité, efficacité et confidentialité. Reste une question : l’arbitrage international reçoit-il la-même acceptation selon tous les États ? Les études de droit comparé, démontrent à première vue, une réelle volonté d’harmonisation des dispositions entourant l’arbitrage afin d’en faire un mode totalement autonome des juridictions étatiques. Cependant, une analyse plus approfondie démontrera que cette volonté est relative, ce qui poussera le juge étatique à intervenir tout au long de la procédure arbitrale (avant, pendant, après) pour en faire « un auxiliaire indispensable de la justice arbitrale » . Cette intervention du juge étatique, sera néanmoins plus délicate dans la première phase de l’arbitrage (avant), en ce que dérivent de cette ingérence, la mise en œuvre ou non de l’arbitrage. Surviennent alors de nombreuses questions : est-ce que l’intervention du juge étatique contrevient à l’autonomie de l’arbitrage international ? Mais aussi, quelle est la nature de cette intervention : coercitive, d’assistance, de contrôle ? Cela met-il en péril l’autorité de l’arbitre-juge ? Est-ce que cette intervention du juge étatique peut être utilisée par les parties à des fins dilatoires? Tout l’enjeu de ces travaux sera de trouver des réponses à ces questions au travers une étude de droit comparée entre la France et les États-Unis.
Summary Nowadays, international arbitration is one of the most commonly used alternative forms of conflict resolution. Its hybrid nature, both contractual and jurisdictional, makes it the preferred mode of the business world ; this enthusiasm for international arbitration is shown in the fact that economic globalization and the gradual disappearance of borders have forced trading parties to resolve disputes with efficiency and immediacy, which state courts are unable to provide in practice ; this is in contrast to international arbitration, which has a favorable reputation in managing and resolving conflicts entrusted to it in a timely manner, efficiently and confidentially. Nevertheless, a question remains: does international arbitration have the same acceptance from all states? At first glance, studies in comparative law show a genuine desire to harmonize the provisions surrounding arbitration, so as to render it a totally autonomous mode of state jurisdiction. However, a more thorough…
Advisors/Committee Members: Bermann, George A. (thesis director), Bermann, George A. (thesis director), Hugon, Christine (thesis director).
Subjects/Keywords: Arbitrage commercial international; Juge étatique; Droit comparé; International Arbitration; State courts; Comparative Law; 340
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APA ·
Chicago ·
MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Labatut, T. (2018). L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States. (Doctoral Dissertation). Perpignan. Retrieved from http://www.theses.fr/2018PERP0019
Chicago Manual of Style (16th Edition):
Labatut, Tifany. “L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States.” 2018. Doctoral Dissertation, Perpignan. Accessed January 18, 2021.
http://www.theses.fr/2018PERP0019.
MLA Handbook (7th Edition):
Labatut, Tifany. “L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States.” 2018. Web. 18 Jan 2021.
Vancouver:
Labatut T. L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States. [Internet] [Doctoral dissertation]. Perpignan; 2018. [cited 2021 Jan 18].
Available from: http://www.theses.fr/2018PERP0019.
Council of Science Editors:
Labatut T. L’intervention du juge étatique avant un arbitrage commercial international, étude comparée : france – Etats-Unis : The judge's intervention before an International Commercial Arbitration, comparative law : France - United States. [Doctoral Dissertation]. Perpignan; 2018. Available from: http://www.theses.fr/2018PERP0019
Mykolas Romeris University
15.
Valutytė, Regina.
State liability for the acts of the nacional
courts of the final instance.
Degree: PhD, Law, 2010, Mykolas Romeris University
URL: http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100423_093830-33679
;
► The thesis is aimed to examine the problematic aspects of implementation of the principle of state liability for the acts of national courts of final…
(more)
▼ The thesis is aimed to examine the
problematic aspects of implementation of the principle of state
liability for the acts of national courts of final instance and
possible application of alternative means of redress. The first
part of the work is dedicated to the analysis of the validity of
state liability for defective final judgments of courts. The second
part intends to identify whether the principles of constitutional
significance, such as judicial independence, impartiality,
non-discrimination, res judicata, legal certainty are infringed
when the Köbler doctrine is applied on the national level. The
third part is devoted to the analysis of the conditions of state
liability under EU law. Particular attention is paid to the
requirement of a sufficiently serious breach of law and legal
analysis of the content of fault. The fourth part is focused on
possible alternative legal remedies for the protection of
undermined right derived from EU law. The author discloses the
content of these measures and discusses the question of their
efficiency in relation to an action for damages against the State.
The fifth part is devoted to the analysis of how Lithuania
implements the obligations arising from the EU law. It is examined
whether state's liability for defective final judgments of the
national court is without prejudice to the provisions of the
Constitution of the Republic of Lithuania, and what changes are
needed to ensure the effective implementation of the EU law in
Lithuanian... [to full text]
Šiame darbe yra nagrinėjami valstybės
atsakomybės dėl nacionalinių galutinės instancijos teismų sprendimų
taikymo probleminiai aspektai bei galimas alternatyvių asmens
pažeistų teisių teisinės gynybos priemonių pritaikymas Pirmoje
dalyje pateikiama valstybės atsakomybės dėl galutinės instancijos
teismų sprendimų teisinio pagrįstumo analizė. Antroje dalyje
identifikuojami įgyvendinant valstybės atsakomybę nacionaliniame
lygmenyje galimi konstitucinės reikšmės principų (teismų
nepriklausomumo ir nešališkumo, nediskriminacijos, teisinio
tikrumo, res judicata) pažeidimai. Trečioje dalyje nagrinėjamas
valstybės atsakomybės sąlygų turinys, daug dėmesio skiriama
pakankamai rimto teisės pažeidimo analizei bei teismo kaltės
turinio nustatymo problematikai. Ketvirtosios dalies tyrimo
objektas – galimos alternatyvios pažeistų asmens teisių gynimo
priemonės. Nustatomas šių priemonių turinys bei efektyvumas,
lyginant su ieškiniu dėl žalos atlyginimo prieš valstybę. Penktoji
dalis skirta išanalizuoti, kaip Lietuva įgyvendina iš ES teisės
kylančius reikalavimus. Nagrinėjama, ar valstybės atsakomybė dėl
galutinės instancijos teismų sprendimų ipso facto nepažeidžia LR
Konstitucijos nuostatų, ir kokie pokyčiai reikalingi siekiant
užtikrinti efektyvų ES teisės įgyvendinimą. Svarstomas klausimas,
ar valstybei gali kilti atsakomybė dėl LR Konstitucinio Teismo
sprendimų, bei kokios galimos alternatyvios pažeistų teisių
teisinės gynybos priemonės.
Advisors/Committee Members: Katuoka, Saulius (Doctoral dissertation supervisor), Šileikis, Egidijus (Doctoral dissertation committee member), Jarašiūnas, Egidijus (Doctoral dissertation committee member), Katuoka, Saulius (Doctoral dissertation committee member), Kiršienė, Julija (Doctoral dissertation committee member), Žilys, Juozas (Doctoral dissertation committee chair), Jakulevičienė, Lyra (Doctoral dissertation opponent), Žalimas, Dainius (Doctoral dissertation opponent).
Subjects/Keywords: EU law; State
liability; National
courts; ES teisė; Valstybės
atsakomybė; Nacionaliniai
teismai
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❌
APA ·
Chicago ·
MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Valutytė, R. (2010). State liability for the acts of the nacional
courts of the final instance. (Doctoral Dissertation). Mykolas Romeris University. Retrieved from http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100423_093830-33679 ;
Chicago Manual of Style (16th Edition):
Valutytė, Regina. “State liability for the acts of the nacional
courts of the final instance.” 2010. Doctoral Dissertation, Mykolas Romeris University. Accessed January 18, 2021.
http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100423_093830-33679 ;.
MLA Handbook (7th Edition):
Valutytė, Regina. “State liability for the acts of the nacional
courts of the final instance.” 2010. Web. 18 Jan 2021.
Vancouver:
Valutytė R. State liability for the acts of the nacional
courts of the final instance. [Internet] [Doctoral dissertation]. Mykolas Romeris University; 2010. [cited 2021 Jan 18].
Available from: http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100423_093830-33679 ;.
Council of Science Editors:
Valutytė R. State liability for the acts of the nacional
courts of the final instance. [Doctoral Dissertation]. Mykolas Romeris University; 2010. Available from: http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100423_093830-33679 ;
University of Iowa
16.
Matthews, Abigail Anne.
Connected courts: the diffusion of precedent across state supreme courts.
Degree: PhD, Political Science, 2017, University of Iowa
URL: https://ir.uiowa.edu/etd/5809
► State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why…
(more)
▼ State supreme
courts are autonomous institutions with significant power. Yet, despite this authority,
state supreme
courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why
state supreme
courts cite each other in their opinions led me to pose two questions. First, under what conditions do
state supreme
courts cite other states supreme
courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating
state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair it with network theory and methods to explain peer-to-peer
state supreme court citations practices. I argue that
courts are social actors who interact, influence, and learn from one another, and the citations are communications by and between the
courts.
To model citations between
courts, I apply a temporal exponential random graph network analysis model or TERGM. TERGMs simulate the evolution of the
state-to-
state citation network by including aspects of both the
courts and the network structure. I argue that only by understanding how networks and issue areas evolve can we begin to understand how
courts and justices make decisions. The network approach to citations specifically tests these endogenous relationships, it also directly models the complex dependencies of citation networks.
My findings demonstrate the
courts became more connected over time and no single
state supreme court leader emerges. I find that citations are endogenous; what one court does affects other
courts. I also discover that the area of law matters a lot and it is insufficient to pool all legal issues into a single model. Finally,
state supreme
courts do not cite
state supreme
courts who look like them. Overall, the evidence suggests the
courts are learning from each other. The courts’ written language discloses the mechanism.
Courts state their own case law does not provide a solution to the question presented and they must seek answers elsewhere. Additionally, the
courts do not always cite the same
state, as we would expect from emulation. Together, these findings demonstrate that
state supreme
courts are connected, they learn from one another.
Advisors/Committee Members: Boehmke, Frederick J. (supervisor).
Subjects/Keywords: Judicial politics; Law; Network analysis; Policy Diffusion; State supreme courts; Political Science
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APA (6th Edition):
Matthews, A. A. (2017). Connected courts: the diffusion of precedent across state supreme courts. (Doctoral Dissertation). University of Iowa. Retrieved from https://ir.uiowa.edu/etd/5809
Chicago Manual of Style (16th Edition):
Matthews, Abigail Anne. “Connected courts: the diffusion of precedent across state supreme courts.” 2017. Doctoral Dissertation, University of Iowa. Accessed January 18, 2021.
https://ir.uiowa.edu/etd/5809.
MLA Handbook (7th Edition):
Matthews, Abigail Anne. “Connected courts: the diffusion of precedent across state supreme courts.” 2017. Web. 18 Jan 2021.
Vancouver:
Matthews AA. Connected courts: the diffusion of precedent across state supreme courts. [Internet] [Doctoral dissertation]. University of Iowa; 2017. [cited 2021 Jan 18].
Available from: https://ir.uiowa.edu/etd/5809.
Council of Science Editors:
Matthews AA. Connected courts: the diffusion of precedent across state supreme courts. [Doctoral Dissertation]. University of Iowa; 2017. Available from: https://ir.uiowa.edu/etd/5809
University of Oxford
17.
Pollack, Samuel J.
The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547.
Degree: PhD, 2017, University of Oxford
URL: http://ora.ox.ac.uk/objects/uuid:225316fd-9240-443f-b00f-ec6208171630
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729071
► Notoriously, the French monarchy began to exchange judicial posts in its courts of law for cash to raise emergency funds in the early sixteenth century.…
(more)
▼ Notoriously, the French monarchy began to exchange judicial posts in its courts of law for cash to raise emergency funds in the early sixteenth century. The fact that all sorts of royal posts subsequently became venal or hereditary is a familiar aspect of ancien régime France, yet very little work exists on the genesis of this institution. This thesis traces the meanings, practices, and effects of 'venality' between 1490 and 1547. It does so by studying the relationship between the crown and the second most important law court of the kingdom, the Parlement of Toulouse. Traditional interpretations of office sale have tended to explain the phenomenon as a tale of royal hypocrisy, and have prioritised research on the Parlement of Paris. In contrast, this study argues that the study of a provincial court forces us to reconsider the chronology, techniques, and outcomes of early venality. A considerable amount of unexploited archival and printed material exists on office sale. By approaching it through the lens of legal culture, this thesis proposes an investigative model not only capable of explaining why venality emerged, but also why it was so vilified. Existing studies of office sale have tended to ignore legal talk and legislation as misleading or dissimulative. By paying particular attention to law and language, however, this study argues that the sale of judicial offices was a deeply ambiguous theme in the first half of the sixteenth-century that was open to constant interpretation. It was this very slipperiness that allowed a variety of actors to engage with it. Early office sale prolonged late medieval practices, but also heralded unprecedented changes, influencing the formation of the early-modern state. By studying the phenomenon, this thesis offers a rich and multifaceted picture of the relations and functioning of the crown and its tribunals.
Subjects/Keywords: 347; Judges; Courts; Toulouse; France; Venality; Corruption; Law; 16th Century; Magistrates; Sixteenth Century; State
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APA (6th Edition):
Pollack, S. J. (2017). The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:225316fd-9240-443f-b00f-ec6208171630 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729071
Chicago Manual of Style (16th Edition):
Pollack, Samuel J. “The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547.” 2017. Doctoral Dissertation, University of Oxford. Accessed January 18, 2021.
http://ora.ox.ac.uk/objects/uuid:225316fd-9240-443f-b00f-ec6208171630 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729071.
MLA Handbook (7th Edition):
Pollack, Samuel J. “The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547.” 2017. Web. 18 Jan 2021.
Vancouver:
Pollack SJ. The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547. [Internet] [Doctoral dissertation]. University of Oxford; 2017. [cited 2021 Jan 18].
Available from: http://ora.ox.ac.uk/objects/uuid:225316fd-9240-443f-b00f-ec6208171630 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729071.
Council of Science Editors:
Pollack SJ. The crown and judicial venality in the Parlement of Toulouse, c. 1490-1547. [Doctoral Dissertation]. University of Oxford; 2017. Available from: http://ora.ox.ac.uk/objects/uuid:225316fd-9240-443f-b00f-ec6208171630 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729071
University of Notre Dame
18.
Lucrecia Garcia Iommi.
Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>.
Degree: Political Science, 2012, University of Notre Dame
URL: https://curate.nd.edu/show/h128nc6069v
► In this dissertation, I argue that the creation and adoption of the Rome Statute resulted from the successful entrepreneurial role of a group of…
(more)
▼ In this dissertation, I argue that the
creation and adoption of the Rome Statute resulted from the
successful entrepreneurial role of a group of states predisposed to
support a strong, independent international criminal court because
of a combination of ideational and material variables. Norms shaped
the national security interests and security policy of states,
creating incentives to cooperate through institution building
around the issue of core international crimes. States with a pro
ICC identity (
high values in Westernness, Legalism, and Post
Westphalian Sovereignty and low values in Proximity to the Core)
with enough resources to realize their preferences and without
excessively
high levels of Participation in Militarized Interstate
Disputes, created an alliance, the Like-Minded Group (LMG), to
advance the creation of an effective international criminal court.
These states advocated for a strong and independent court, with
complementary jurisdiction that could effectively prevent, and
prosecute, core crimes under international law– i.e., genocide,
crimes against humanity, war crimes, and aggression. This would
also include a court that is independent from the Security Council,
with automatic jurisdiction (as opposed to opt-out mechanisms) over
core crimes triggered by territoriality and active nationality, and
a Prosecutor with propio motu powers. The LMG accomplished this by
persuading the vast majority of states, which did not develop early
preferences towards the ICC, to support, or at least acquiesce to,
a Statute that reflected this ideal. The process of negotiation
that led to this outcome followed a path dependent process, with
every instance of the negotiation being conditioned by the previous
instances, consolidated in evolving drafts and in the collective
memory of the delegations. The end of the Cold War was a necessary
precondition to the definition of international crime as a common
goods problem, and to the establishment of cooperation around it.
To prove my argument I use a combination of
quantitative and qualitative methods, specifically ordinal
regression, process tracing, and case studies. In addition to
presenting a general explanation of the negotiation process, I
examine four case studies (Germany, France, Argentina and the US)
using a “most similar case" design to better understand how the
relevant variables affected particular states’ behavior towards the
ICC.
Advisors/Committee Members: Professor Daniel Philpott, Committee Member, Professor George A. Lopez, Committee Chair, Professor Keir Lieber , Committee Member, Professor Sebastian Rosato, Committee Member.
Subjects/Keywords: International Courts; International Criminal Court; IR Theory; State Identity; Constructivism; ICC; International Institutions
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APA (6th Edition):
Iommi, L. G. (2012). Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>. (Thesis). University of Notre Dame. Retrieved from https://curate.nd.edu/show/h128nc6069v
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Iommi, Lucrecia Garcia. “Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>.” 2012. Thesis, University of Notre Dame. Accessed January 18, 2021.
https://curate.nd.edu/show/h128nc6069v.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Iommi, Lucrecia Garcia. “Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>.” 2012. Web. 18 Jan 2021.
Vancouver:
Iommi LG. Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>. [Internet] [Thesis]. University of Notre Dame; 2012. [cited 2021 Jan 18].
Available from: https://curate.nd.edu/show/h128nc6069v.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Iommi LG. Thinking Institutions in 3-D: Ideas, Interests, and Power in
the Creation of the International Criminal Court</h1>. [Thesis]. University of Notre Dame; 2012. Available from: https://curate.nd.edu/show/h128nc6069v
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Arizona
19.
Ross, Joseph V.
Independent Expenditures in Judicial Elections
.
Degree: 2011, University of Arizona
URL: http://hdl.handle.net/10150/202531
► In recent years, judicial elections have undergone a transformation: races once characterized by low levels of competition, interest and participation are now comparable, in some…
(more)
▼ In recent years, judicial elections have undergone a transformation: races once characterized by low levels of competition, interest and participation are now comparable, in some states, to races for governor or senator. Elections for the bench as a whole are now more expensive, competitive and politicized than ever before. Arguably the most influential change in the last ten years has been the emergence of independent expenditures by political action committees and other groups in races for seats on
state supreme
courts. Despite the growth of this type of spending, our understanding of independent expenditures is rather limited, as the distinction between independent expenditures and direct contributions to candidates is rarely made clear.I address this in this dissertation by examining the patterns of independent spending in states with elected supreme
courts. In doing so, I develop a theoretical framework to explain the decision of individual groups to support a judicial candidate independently. I argue that this decision is shaped largely by the campaign regulations imposed on judicial candidates and their potential supporters. Expectations from this theory are tested throughout the remainder of the dissertation using an original set of data drawn directly from
state disclosure records. I find that independent expenditures have been concentrated in only a few states in recent years and that campaign regulations are influential in shaping this aggregate behavior. Contribution limits, in particular, redirect money from candidates' campaigns to independent expenditures. This is particularly significant due to the unique nature of judicial elections and the role of a judge in American politics. The results of the statistical and case study analyses should give pause to participants in the normative debates regarding campaign finance and judicial reform as they suggest that regulations can have unintended, but important consequences.
Advisors/Committee Members: Westerland, Chad (advisor), Norrander, Barbara (committeemember), Willerton, John P. (committeemember), Hartley, Roger E. (committeemember), Westerland, Chad (committeemember).
Subjects/Keywords: election law;
independent expenditures;
judicial elections;
state courts;
Political Science;
campaign finance;
contribution limits
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Manager
APA (6th Edition):
Ross, J. V. (2011). Independent Expenditures in Judicial Elections
. (Doctoral Dissertation). University of Arizona. Retrieved from http://hdl.handle.net/10150/202531
Chicago Manual of Style (16th Edition):
Ross, Joseph V. “Independent Expenditures in Judicial Elections
.” 2011. Doctoral Dissertation, University of Arizona. Accessed January 18, 2021.
http://hdl.handle.net/10150/202531.
MLA Handbook (7th Edition):
Ross, Joseph V. “Independent Expenditures in Judicial Elections
.” 2011. Web. 18 Jan 2021.
Vancouver:
Ross JV. Independent Expenditures in Judicial Elections
. [Internet] [Doctoral dissertation]. University of Arizona; 2011. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10150/202531.
Council of Science Editors:
Ross JV. Independent Expenditures in Judicial Elections
. [Doctoral Dissertation]. University of Arizona; 2011. Available from: http://hdl.handle.net/10150/202531
University of Georgia
20.
Krinsky, Erin Jennifer.
Campaign contributions, attorney characteristics, and judicial decisions.
Degree: 2014, University of Georgia
URL: http://hdl.handle.net/10724/25524
► The growth of campaign contributions in state supreme courts has caused researchers to investigate the relationship between the contributions and justices’ decisions on the merit.…
(more)
▼ The growth of campaign contributions in state supreme courts has caused researchers to investigate the relationship between the contributions and justices’ decisions on the merit. While past research has concentrated solely on campaign
contributions, this paper considers social networking theory, and takes into account the possibility of attorney characteristics having an effect on judicial decisions. Through a logit analysis of Georgia and Illinois State Supreme Court decisions in
2003, this paper reveals mixed support for the effect of campaign contributions, and little support for the effect of attorney characteristics on judicial decisions.
Subjects/Keywords: State Supreme Courts; Judicial Elections; Campaign Contributions; Social Networking Theory; Attorney Characteristics
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APA ·
Chicago ·
MLA ·
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Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Krinsky, E. J. (2014). Campaign contributions, attorney characteristics, and judicial decisions. (Thesis). University of Georgia. Retrieved from http://hdl.handle.net/10724/25524
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Krinsky, Erin Jennifer. “Campaign contributions, attorney characteristics, and judicial decisions.” 2014. Thesis, University of Georgia. Accessed January 18, 2021.
http://hdl.handle.net/10724/25524.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Krinsky, Erin Jennifer. “Campaign contributions, attorney characteristics, and judicial decisions.” 2014. Web. 18 Jan 2021.
Vancouver:
Krinsky EJ. Campaign contributions, attorney characteristics, and judicial decisions. [Internet] [Thesis]. University of Georgia; 2014. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10724/25524.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Krinsky EJ. Campaign contributions, attorney characteristics, and judicial decisions. [Thesis]. University of Georgia; 2014. Available from: http://hdl.handle.net/10724/25524
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
The Ohio State University
21.
King-Owen, Gregory S.
The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805.
Degree: PhD, History, 2011, The Ohio State University
URL: http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385
► Between 1780 and 1805 North Carolina‘s government struggled to define the parameters of statehood through its policies. In the creation of the state, petitions from…
(more)
▼ Between 1780 and 1805 North Carolina‘s government
struggled to define the parameters of statehood through its
policies. In the creation of the
state, petitions from ordinary
citizens played a central role in the debate over the people and
their relationship to the government. Courted by emerging
Federalists in the late 1780s, the people found themselves elevated
to a central role in the political life of the
state through their
petitioning power. By the late 1790s, however, lawyers turned away
from the people as a source of power through petitioning and tried
to channel grievances through a court system whose rules would
protect the purity of process over the substantive claims of
petitioners.
Advisors/Committee Members: Brooke, John (Advisor).
Subjects/Keywords: American History; North Carolina; governance; law; politics; petitioning; state formation; courts; legislatures
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APA ·
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to Zotero / EndNote / Reference
Manager
APA (6th Edition):
King-Owen, G. S. (2011). The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805. (Doctoral Dissertation). The Ohio State University. Retrieved from http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385
Chicago Manual of Style (16th Edition):
King-Owen, Gregory S. “The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805.” 2011. Doctoral Dissertation, The Ohio State University. Accessed January 18, 2021.
http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385.
MLA Handbook (7th Edition):
King-Owen, Gregory S. “The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805.” 2011. Web. 18 Jan 2021.
Vancouver:
King-Owen GS. The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805. [Internet] [Doctoral dissertation]. The Ohio State University; 2011. [cited 2021 Jan 18].
Available from: http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385.
Council of Science Editors:
King-Owen GS. The People‘s Law: Popular Sovereignty and State Formation in
North Carolina, 1780-1805. [Doctoral Dissertation]. The Ohio State University; 2011. Available from: http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385
Brigham Young University
22.
Davis, Nicholas Andrew.
Early Restoration Councils, 1830–1838: A Tool to Refine Individuals.
Degree: MA, 2017, Brigham Young University
URL: https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=7619&context=etd
► When Joseph Smith founded the Church of Christ in April 1830, he also established the framework for councils, the decision-making mechanism of the early Church.…
(more)
▼ When Joseph Smith founded the Church of Christ in April 1830, he also established the framework for councils, the decision-making mechanism of the early Church. Early councils included a group of men holding the priesthood and often included a congregation. They would gather and make authoritative decisions, including if someone accused of wrongdoing was guilty and should receive formal disciplinary action. As the Church grew, Smith further developed this council system. Elders and high priests frequently formed councils, which gradually gave way to bishop's councils. In 1834, high councils began to establish an appellate court where disgruntled Church members could appeal their case. Later, Smith formed other disciplinary bodies and gave them limited jurisdictional authority. Depending on where they lived, Church members utilized different councils. Kirtland and Missouri principally used a bishop and high council, while other outlying congregations relied primarily on elder and high priest councils. Notwithstanding these organizational differences, early Church councils exhibited several consistent patterns. They encouraged individuals to reform their behavior, provided progressive rights to women and children, and inspired confidence in the system, even though Church leaders sometimes disagreed with individual rulings. Although often overlooked, early Church councils played a pivotal role in protecting and developing Church orthodoxy and orthopraxy.
Subjects/Keywords: Councils; conferences; disciplinary councils; high council; Seventies; bishop's courts; traveling high council; Missouri presidency; Church discipline; Religion
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APA ·
Chicago ·
MLA ·
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to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Davis, N. A. (2017). Early Restoration Councils, 1830–1838: A Tool to Refine Individuals. (Masters Thesis). Brigham Young University. Retrieved from https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=7619&context=etd
Chicago Manual of Style (16th Edition):
Davis, Nicholas Andrew. “Early Restoration Councils, 1830–1838: A Tool to Refine Individuals.” 2017. Masters Thesis, Brigham Young University. Accessed January 18, 2021.
https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=7619&context=etd.
MLA Handbook (7th Edition):
Davis, Nicholas Andrew. “Early Restoration Councils, 1830–1838: A Tool to Refine Individuals.” 2017. Web. 18 Jan 2021.
Vancouver:
Davis NA. Early Restoration Councils, 1830–1838: A Tool to Refine Individuals. [Internet] [Masters thesis]. Brigham Young University; 2017. [cited 2021 Jan 18].
Available from: https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=7619&context=etd.
Council of Science Editors:
Davis NA. Early Restoration Councils, 1830–1838: A Tool to Refine Individuals. [Masters Thesis]. Brigham Young University; 2017. Available from: https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=7619&context=etd
23.
Papanikolaou, Anastasia.
Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων.
Degree: 2020, National and Kapodistrian University of Athens; Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών (ΕΚΠΑ)
URL: http://hdl.handle.net/10442/hedi/47725
► The current dissertation address the issue of whether or not the Public Administration is bound by the decisions of the civil and criminal courts in…
(more)
▼ The current dissertation address the issue of whether or not the Public Administration is bound by the decisions of the civil and criminal courts in the event that the Administration deals with a case, the facts of which have already been the subject of a judicial diagnosis or crisis, in general. In particular, given the non-existence of an explicit provision, which normally describes the above relationship, the existence of a commitment is examined on the basis of related concepts, such as the obligation of Public Administration to comply with judicial decisions, the res judicata, the interpretive res judicata, the assertive and affirmative action as well as arguments arising from the area of rights, such as the right to a fair trial and judicial protection, from the area of general principles of law, such as the principle of legal certainty, the protected trust of the citizen, etc. and the unity of state power, and from the point of view of the organizational bases of the regime, such as the distinction of functions. Moreover, a more specific approach is carried out by researching specific cases at a more practical level, through the case-law of the European Court of Human Rights (ECHR), the Court of Justice of the European Union (CJEU) and the national courts, based on the nature of the court decisions. In particular, the degree of commitment of the Administration is being examined not only on the basis of the decisions of the civil courts published in the framework of disputed jurisdiction but also on cases of voluntary jurisdiction as well as on the decisions issued in the context of temporary legal protection. From the point of view of the decisions of the criminal courts and as regards mainly customs or tax cases, which constitute both administrative and criminal offense, the position of the Administration is examined in the light of the presumption of innocence and the principle of “ne bis in idem” in the purely administrative procedure and more specifically at the pre-administrative stage of appeal. Finally, through the reference to theoretical approaches and the case law, it is ascertained that, in the context of a modern rule of law, the Public Administration cannot act in a way that violates the general principles of administrative law as well as constitutional provisions, rights, especially when the previous attitude and opinion of the Public Administration have led to the country's condemnation by the ECHR for violating the provisions of the European Convention on Human Rights. With the current thesis, arguments and theoretical tools are proposed, which can constitute the basis of the shaping attitude of the Public Administration, in cases where the courts of civil or criminal jurisdiction have already ruled on the same facts.
Με την εν λόγω διατριβή ερευνάται το ζήτημα της δέσμευσης ή μη της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων, στην περίπτωση που η Διοίκηση επιλαμβάνεται μιας υπόθεσης, τα πραγματικά περιστατικά της οποίας έχουν ήδη αποτελέσει αντικείμενο…
Subjects/Keywords: Δέσμευση; Δημόσια διοίκηση; Πολιτικά δικαστήρια; Ποινικά δικαστήρια; Τεκμήριο αθωότητας; Ενιαία κρατική εξουσία; Commitment; Public administration; Civil courts; Criminal courts; Ne bis in idem; Presumption of innocence; Unity of state power
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APA ·
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MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Papanikolaou, A. (2020). Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων. (Thesis). National and Kapodistrian University of Athens; Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών (ΕΚΠΑ). Retrieved from http://hdl.handle.net/10442/hedi/47725
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Papanikolaou, Anastasia. “Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων.” 2020. Thesis, National and Kapodistrian University of Athens; Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών (ΕΚΠΑ). Accessed January 18, 2021.
http://hdl.handle.net/10442/hedi/47725.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Papanikolaou, Anastasia. “Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων.” 2020. Web. 18 Jan 2021.
Vancouver:
Papanikolaou A. Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων. [Internet] [Thesis]. National and Kapodistrian University of Athens; Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών (ΕΚΠΑ); 2020. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/10442/hedi/47725.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Papanikolaou A. Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων. [Thesis]. National and Kapodistrian University of Athens; Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών (ΕΚΠΑ); 2020. Available from: http://hdl.handle.net/10442/hedi/47725
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of North Texas
24.
Perkins, Jared David.
Friends of the State Courts: Organized Interests and State Courts of Last Resort.
Degree: 2016, University of North Texas
URL: https://digital.library.unt.edu/ark:/67531/metadc955125/
► Why do interest groups participate in state courts of last resort by filing amicus curiae briefs? Are they influential when they do? This dissertation examines…
(more)
▼ Why do interest groups participate in
state courts of last resort by filing amicus curiae briefs? Are they influential when they do? This dissertation examines these questions using an original survey of organized interests that routinely participate in
state supreme
courts, as well as data on all amicus curiae briefs and majority opinions in over 14,000 cases decided in all fifty-two
state supreme
courts for a four year period. I argue that interest groups turn to
state judiciaries to achieve the dual goals of influencing policy and organizational maintenance, as amicus briefs can help organized interests achieve both outcomes. Furthermore, I contend that amicus briefs are influential in shaping judicial policy-making through the provision of legally persuasive arguments. The results suggest that interest groups do file amicus briefs to both lobby for their preferred policies and to support their organization's long-term viability. Additionally,
the results indicate that organized interests also participate in counteractive lobbying in
state courts of last resort by filing amicus briefs to ensure their side is represented and to dull the effect of oppositional amici. The findings also demonstrate support for the influence of amicus briefs on judicial policy-making on
state high courts, as amicus briefs can influence the ideological direction of the court's majority opinions. Overall, this research extends our understanding of interest group lobbing in the judiciary and in
state policy venues, and provides insight into judicial politics and policy-making on
state courts of last resort.
Advisors/Committee Members: Branton, Regina P., Collins, Paul M., Jr., King, Kimi Lynn, Walker, Lee.
Subjects/Keywords: State courts; Interest groups; Amicus curiae; Pressure groups – United States – Influence.; Courts of last resort – United States – States.; Lobbying – United States – States.; Amici curiae – United States – States.
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Western Washington University
25.
Hagglund, Ben (Ben James).
The impact of federalization: an original analysis of local cases in federal court.
Degree: MA, Political Science, 2013, Western Washington University
URL: https://doi.org/10.25710/hrfq-b452
;
https://cedar.wwu.edu/wwuet/310
► Critics of federalization argue that the federal duplication of state criminal laws places an undue burden on the federal courts and there are too…
(more)
▼ Critics of federalization argue that the federal duplication of
state criminal laws places an undue burden on the federal
courts and there are too many total federal crimes. Federalism proponents claim that the federal overlap threatens the states' roles as laboratories of democracy. This thesis examines criminal cases in the federal court in the Western District of Washington in 2010 and finds concurrent cases are regularly charged by U.S. attorneys in cooperation with
state prosecutors. However, the impact on the court is a direct result of the discretion that U.S. attorneys exercise in filing concurrent cases.
Advisors/Committee Members: Chen, Paul, Salazar, Debra J., Helms, Ronald E..
Subjects/Keywords: Political Science; Jurisdiciton – United States; Courts – United States; Courts – Washington (State); Judicial power – United States; Justice, Administration of – United States; Justice, Administration of – Washington (State); United States; Washington (State); masters theses
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APA ·
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MLA ·
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APA (6th Edition):
Hagglund, B. (. J. (2013). The impact of federalization: an original analysis of local cases in federal court. (Masters Thesis). Western Washington University. Retrieved from https://doi.org/10.25710/hrfq-b452 ; https://cedar.wwu.edu/wwuet/310
Chicago Manual of Style (16th Edition):
Hagglund, Ben (Ben James). “The impact of federalization: an original analysis of local cases in federal court.” 2013. Masters Thesis, Western Washington University. Accessed January 18, 2021.
https://doi.org/10.25710/hrfq-b452 ; https://cedar.wwu.edu/wwuet/310.
MLA Handbook (7th Edition):
Hagglund, Ben (Ben James). “The impact of federalization: an original analysis of local cases in federal court.” 2013. Web. 18 Jan 2021.
Vancouver:
Hagglund B(J. The impact of federalization: an original analysis of local cases in federal court. [Internet] [Masters thesis]. Western Washington University; 2013. [cited 2021 Jan 18].
Available from: https://doi.org/10.25710/hrfq-b452 ; https://cedar.wwu.edu/wwuet/310.
Council of Science Editors:
Hagglund B(J. The impact of federalization: an original analysis of local cases in federal court. [Masters Thesis]. Western Washington University; 2013. Available from: https://doi.org/10.25710/hrfq-b452 ; https://cedar.wwu.edu/wwuet/310
University of Illinois – Urbana-Champaign
26.
Arlota, Carolina Sales Cabral.
The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988.
Degree: J.S.D., Law, 2015, University of Illinois – Urbana-Champaign
URL: http://hdl.handle.net/2142/88157
► This thesis investigates how federalism choices adopted by the Brazilian Constitution of 1988 impacts judicial review. In order to address this central question, this work…
(more)
▼ This thesis investigates how federalism choices adopted by the Brazilian Constitution of 1988 impacts judicial review. In order to address this central question, this work was structured in three sub-questions designed to study specific federalism constitutional options pertinent to all distinct levels of Brazilian federalism, namely: federal union, states, and municipalities. The first sub-question targets the inclusion of local governments as autonomous constitutional agents. It considers annexation law as a proxy for local powers, comparing the decisions of the Brazilian Supreme Court (STF) to its U.S. counterpart (U.S.S.C.) in annexation cases. We conclude that the inclusion of municipalities in the Constitution of 1988, as of today, is not necessarily an example of successful design. We also find, counter-intuitively, that the USSC has been more active in the protection of rights than the STF. The second sub-question refers to the constitutional option granted to
state supreme
courts in creating specialized panels – and if differences across Brazilian
state supreme
courts when deciding cases of abstract review can be attributed to specialization. Using empirical methods, we find some evidence that the existence of specialized panels matters for the likelihood and rates of dissent as well as duration of procedures, but not for other variables. The final sub-question addresses the constitutional mechanisms of appointing justices to the Brazilian Supreme Court (which was transplanted from the U.S. Constitution) and its consequences for the adjudication of federative conflicts. Our research focuses on the alignment between revealed judicial preferences when adjudicating cases and presidential appointments in Brazil. We find some empirical evidence that judicial preferences do matter, but the patterns of politicization are weaker than in other similar
courts. Our findings are sufficient to dismiss legalist accounts as well as accounts based on the Roman-Germanic tradition. Federal dynamics and constitutional politics are intrinsically related to the three sub-sets of problems proposed and are considered in light of political economy factors.
Advisors/Committee Members: Garoupa, Nuno (advisor), Garoupa, Nuno (Committee Chair), Reynolds, Laurie (committee member), Cheibub, José Antonio (committee member), Ginsburg, Thomas (committee member).
Subjects/Keywords: Brazil; Constitution of 1988; federalism; judicial review; constitutional review; federative conflicts; courts; Brazilian judiciary; court specialization; state supreme courts; abstract review; constitutional courts; constitutional politics; constitutional design; local government; municipalities; annexation law; comparative constitutional law; comparative law
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Arlota, C. S. C. (2015). The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988. (Thesis). University of Illinois – Urbana-Champaign. Retrieved from http://hdl.handle.net/2142/88157
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Arlota, Carolina Sales Cabral. “The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988.” 2015. Thesis, University of Illinois – Urbana-Champaign. Accessed January 18, 2021.
http://hdl.handle.net/2142/88157.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Arlota, Carolina Sales Cabral. “The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988.” 2015. Web. 18 Jan 2021.
Vancouver:
Arlota CSC. The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988. [Internet] [Thesis]. University of Illinois – Urbana-Champaign; 2015. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/2142/88157.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Arlota CSC. The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988. [Thesis]. University of Illinois – Urbana-Champaign; 2015. Available from: http://hdl.handle.net/2142/88157
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Pretoria
27.
[No author].
Immunity of state officials and prosecution of
international crimes in Africa
.
Degree: 2012, University of Pretoria
URL: http://upetd.up.ac.za/thesis/available/etd-01252012-112603/
► This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity…
(more)
▼ This study deals with two aspects of international
law. The first is ‘immunity of
state officials’ and the second is
‘prosecution of international crimes.’ Immunity is discussed in the
context of international crimes. The study focuses on Africa
because African
state officials have become subjects of
international criminal justice before international
courts and
various national
courts both in Europe and Africa. It presents a
new contribution to international criminal justice in Africa by
examining the practice on prosecution of international crimes in
eleven African states: South Africa; Kenya; Senegal; Ethiopia;
Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The
study concludes that immunity of
state officials has been outlawed
in these states thereby rendering
state officials amenable to
criminal prosecution for international crimes. The thesis argues
that although immunity is founded under customary international
law, it does not prevail over international law jus cogens on the
prosecution of international crimes because such jus cogens trumps
immunity. It is argued that, committing international crimes cannot
qualify as acts performed in official capacity for the purpose of
upholding immunity of
state officials. In principle, customary
international law outlaws functional immunity in respect of
international crimes. Hence, in relation to international crimes,
state officials cannot benefit from immunity from prosecution or
subpoenas. Further, the study criticises the African Union’s
opposition to the prosecutions before the International Criminal
Court (ICC). It argues that however strong it may be, such
opposition is unfounded in international law and is motivated by
African solidarity to weaken the role of the ICC in Africa. It
concludes that the decisions taken by the African Union not to
cooperate with the ICC are geared towards breaching international
obligations on cooperation with the ICC. The study calls upon
African states to respect their obligations under the Rome Statute
and customary international law. It recommends that African states
should cooperate with the ICC in the investigations and prosecution
of persons responsible for international crimes in Africa. At
international level, the study reveals the conflicting
jurisprudence of international
courts on subpoenas against
state
officials. It argues that,
state officials are not immune from
being subpoenaed to testify or adduce evidence before international
courts. It contends that issuing subpoenas to
state officials
ensures fairness and equality of arms in the prosecution of
international crimes. It recommends that international
courts
should treat
state officials equally regarding prosecution and
subpoenas. It further recommends that African states should respect
their obligations arising from the Rome Statute and that, immunity
should not be used to develop a culture of impunity for
international crimes committed in Africa.
Advisors/Committee Members: Prof M Hansungule (advisor).
Subjects/Keywords: International courts;
International criminal court;
African union;
African jurisdictions;
Jus cogens;
Subpoenas;
International crimes;
Prosecution;
Immunity;
State officials;
UCTD
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
author], [. (2012). Immunity of state officials and prosecution of
international crimes in Africa
. (Doctoral Dissertation). University of Pretoria. Retrieved from http://upetd.up.ac.za/thesis/available/etd-01252012-112603/
Chicago Manual of Style (16th Edition):
author], [No. “Immunity of state officials and prosecution of
international crimes in Africa
.” 2012. Doctoral Dissertation, University of Pretoria. Accessed January 18, 2021.
http://upetd.up.ac.za/thesis/available/etd-01252012-112603/.
MLA Handbook (7th Edition):
author], [No. “Immunity of state officials and prosecution of
international crimes in Africa
.” 2012. Web. 18 Jan 2021.
Vancouver:
author] [. Immunity of state officials and prosecution of
international crimes in Africa
. [Internet] [Doctoral dissertation]. University of Pretoria; 2012. [cited 2021 Jan 18].
Available from: http://upetd.up.ac.za/thesis/available/etd-01252012-112603/.
Council of Science Editors:
author] [. Immunity of state officials and prosecution of
international crimes in Africa
. [Doctoral Dissertation]. University of Pretoria; 2012. Available from: http://upetd.up.ac.za/thesis/available/etd-01252012-112603/
Temple University
28.
Becker Kane, Jenna.
Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts.
Degree: PhD, 2015, Temple University
URL: http://digital.library.temple.edu/u?/p245801coll10,310221
► Political Science
Despite well documented evidence that both the level and diversity of amicus participation in state high courts have been growing, we know little…
(more)
▼ Political Science
Despite well documented evidence that both the level and diversity of amicus participation in state high courts have been growing, we know little about whether or under what conditions amicus briefs have an impact on court outcomes. This dissertation investigates how interest groups attempt to influence state supreme courts through their participation as amicus curiae. Using an original dataset assembled from content analysis of more than 2300 state supreme court decisions handed down between 1995 and 2010 and spanning three distinct areas of law - products liability, environmental law, and free speech/expression - I find that amicus briefs submitted by interest groups have the most influence over judicial outcomes in areas of law where interest groups routinely make large-scale donations to judicial campaigns. These results raise serious concerns about the influence of big money in judicial elections. The second part of this dissertation tests two competing theories of amicus influence to determine how state high court judges utilize amicus brief information in judicial decision making. The informational theory assumes the influence of amicus brief information to be evenly distributed across judges. However, theories of confirmation bias and motivated reasoning suggest that the information in amicus briefs may be received and evaluated differently depending upon the ideological predispositions of individual judges. Using multi-level modeling, I analyze the votes of more than 12,000 individual state high court judges to determine whether judge ideology conditions the influence of amicus briefs such that judges are more receptive to pro-attitudinal information contained in briefs from interest groups that share their predispositions. Results suggest that method of judicial retention and area of case law structures the mechanism of amicus brief influence. Amicus briefs appear to play an informational role in complex areas of case law but the presence of competitive judicial elections appear to alter the mechanism of amicus brief influence such that judicial responsiveness to amicus briefs is more closely tied to the reelection and campaign fundraising considerations of individual judges. The final portion of this dissertation investigates the case-level and court-level factors that attract interest group participation as amicus curiae in state high courts in order to better our understanding of interest group strategies when engaging state judiciaries. This paper tests the hypothesis that groups strategically target cases that will best serve the policy and institutional interests of the group, while focusing group resources on cases and courts where they are most likely to be successful. Results indicate that both liberal and conservative groups target state high courts that are elected through competitive and retention election processes rather than those that are appointed, suggesting that interest groups believe their influence will be greater with judges who are accountable to the public.…
Advisors/Committee Members: Mullin, Megan;, Adamany, David W., Arceneaux, Kevin, Bonneau, Chris W., Harvey, Hosea;.
Subjects/Keywords: Political Science; Law;
Record Details
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Becker Kane, J. (2015). Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts. (Doctoral Dissertation). Temple University. Retrieved from http://digital.library.temple.edu/u?/p245801coll10,310221
Chicago Manual of Style (16th Edition):
Becker Kane, Jenna. “Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts.” 2015. Doctoral Dissertation, Temple University. Accessed January 18, 2021.
http://digital.library.temple.edu/u?/p245801coll10,310221.
MLA Handbook (7th Edition):
Becker Kane, Jenna. “Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts.” 2015. Web. 18 Jan 2021.
Vancouver:
Becker Kane J. Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts. [Internet] [Doctoral dissertation]. Temple University; 2015. [cited 2021 Jan 18].
Available from: http://digital.library.temple.edu/u?/p245801coll10,310221.
Council of Science Editors:
Becker Kane J. Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts. [Doctoral Dissertation]. Temple University; 2015. Available from: http://digital.library.temple.edu/u?/p245801coll10,310221
University of Pretoria
29.
Murungu, Chacha
Bhoke.
Immunity of
state officials and prosecution of international crimes in
Africa.
Degree: Centre for Human
Rights, 2012, University of Pretoria
URL: http://hdl.handle.net/2263/25163
► This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity…
(more)
▼ This study deals with two aspects of international law.
The first is ‘immunity of
state officials’ and the second is
‘prosecution of international crimes.’ Immunity is discussed in the
context of international crimes. The study focuses on Africa
because African
state officials have become subjects of
international criminal justice before international
courts and
various national
courts both in Europe and Africa. It presents a
new contribution to international criminal justice in Africa by
examining the practice on prosecution of international crimes in
eleven African states: South Africa; Kenya; Senegal; Ethiopia;
Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The
study concludes that immunity of
state officials has been outlawed
in these states thereby rendering
state officials amenable to
criminal prosecution for international crimes. The thesis argues
that although immunity is founded under customary international
law, it does not prevail over international law jus cogens on the
prosecution of international crimes because such jus cogens trumps
immunity. It is argued that, committing international crimes cannot
qualify as acts performed in official capacity for the purpose of
upholding immunity of
state officials. In principle, customary
international law outlaws functional immunity in respect of
international crimes. Hence, in relation to international crimes,
state officials cannot benefit from immunity from prosecution or
subpoenas. Further, the study criticises the African Union’s
opposition to the prosecutions before the International Criminal
Court (ICC). It argues that however strong it may be, such
opposition is unfounded in international law and is motivated by
African solidarity to weaken the role of the ICC in Africa. It
concludes that the decisions taken by the African Union not to
cooperate with the ICC are geared towards breaching international
obligations on cooperation with the ICC. The study calls upon
African states to respect their obligations under the Rome Statute
and customary international law. It recommends that African states
should cooperate with the ICC in the investigations and prosecution
of persons responsible for international crimes in Africa. At
international level, the study reveals the conflicting
jurisprudence of international
courts on subpoenas against
state
officials. It argues that,
state officials are not immune from
being subpoenaed to testify or adduce evidence before international
courts. It contends that issuing subpoenas to
state officials
ensures fairness and equality of arms in the prosecution of
international crimes. It recommends that international
courts
should treat
state officials equally regarding prosecution and
subpoenas. It further recommends that African states should respect
their obligations arising from the Rome Statute and that, immunity
should not be used to develop a culture of impunity for
international crimes committed in Africa.
Advisors/Committee Members: Hansungule, Michelo (advisor).
Subjects/Keywords: International
courts; International
Criminal Court (ICC); African Union
(AU); African
jurisdictions; Jus
cogens;
Subpoenas; International
crimes;
Prosecution;
Immunity; State
officials;
UCTD
Record Details
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Share »
Record Details
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Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Murungu, C. (2012). Immunity of
state officials and prosecution of international crimes in
Africa. (Doctoral Dissertation). University of Pretoria. Retrieved from http://hdl.handle.net/2263/25163
Chicago Manual of Style (16th Edition):
Murungu, Chacha. “Immunity of
state officials and prosecution of international crimes in
Africa.” 2012. Doctoral Dissertation, University of Pretoria. Accessed January 18, 2021.
http://hdl.handle.net/2263/25163.
MLA Handbook (7th Edition):
Murungu, Chacha. “Immunity of
state officials and prosecution of international crimes in
Africa.” 2012. Web. 18 Jan 2021.
Vancouver:
Murungu C. Immunity of
state officials and prosecution of international crimes in
Africa. [Internet] [Doctoral dissertation]. University of Pretoria; 2012. [cited 2021 Jan 18].
Available from: http://hdl.handle.net/2263/25163.
Council of Science Editors:
Murungu C. Immunity of
state officials and prosecution of international crimes in
Africa. [Doctoral Dissertation]. University of Pretoria; 2012. Available from: http://hdl.handle.net/2263/25163
University of Colorado
30.
Barwick, Corey Michael.
Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?.
Degree: PhD, Political Science, 2016, University of Colorado
URL: https://scholar.colorado.edu/psci_gradetds/51
► Although the total number of incoming cases at the federal-level in 2013 was over 350,000, the total number of incoming cases at the state-level…
(more)
▼ Although the total number of incoming cases at the federal-level in 2013 was over 350,000, the total number of incoming cases at the
state-level hovered between 90 and 100 million. To say that
state courts are important to the American political system is an understatement. They determine, to paraphrase former Justice William Brennan, whether the United States truly lives up to the ideal of equal justice for all. It is therefore surprising that very little research has examined what people know or how people feel about these institutions. In this dissertation, I attempt to uncover the extent of the public’s knowledge of their
state judicial branch, how they come to know about it, and how the public evaluates their
state courts. The thesis of this dissertation is that people’s knowledge and evaluations of
courts is dependent on what those
courts are doing. Simply put, people are responsive to court decisions. Using four different datasets, two unique to this dissertation, I find overwhelming support for this contention. People’s knowledge of the ideological leanings of their
state supreme court is a function of court actions that attract the attention of the
state media such as issuing a pro same-sex marriage decision or allowing for more executions to take place. And people’s judgments of their
state courts is a product of how ideologically extreme they are. Democrats view extremely liberal
courts as significantly more impartial and legitimate than Republicans while Republicans view extremely conservative
courts as more impartial and legitimate than Democrats. Ideologically balanced
courts produce no meaningful differences between partisans and are viewed as being highly impartial and legitimate. The findings in this dissertation challenge conventional wisdom by suggesting that a sizable portion of the American public is aware of their
state court system and that public evaluations of the judiciary can be grounded in partisanship when they act partisan in nature. And, I believe I provide an answer to a recent puzzle in judicial politics: why support for the Supreme Court is unrelated to party identification. I argue that it is because the Court is ideologically balanced in its decision-making.
Advisors/Committee Members: Vanessa Baird, Jennifer Wolak, Joshua Strayhorn, Jeffrey Harden, Harry Surden.
Subjects/Keywords: impartiality; knowledge; legitimacy; partisanship; public opinion; state courts; Law and Society; Political Science; Public Law and Legal Theory
Record Details
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Barwick, C. M. (2016). Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?. (Doctoral Dissertation). University of Colorado. Retrieved from https://scholar.colorado.edu/psci_gradetds/51
Chicago Manual of Style (16th Edition):
Barwick, Corey Michael. “Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?.” 2016. Doctoral Dissertation, University of Colorado. Accessed January 18, 2021.
https://scholar.colorado.edu/psci_gradetds/51.
MLA Handbook (7th Edition):
Barwick, Corey Michael. “Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?.” 2016. Web. 18 Jan 2021.
Vancouver:
Barwick CM. Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?. [Internet] [Doctoral dissertation]. University of Colorado; 2016. [cited 2021 Jan 18].
Available from: https://scholar.colorado.edu/psci_gradetds/51.
Council of Science Editors:
Barwick CM. Preserving the Integrity of Courts: Can State Courts Influence Public Knowledge and Perceptions of the Judicial Branch?. [Doctoral Dissertation]. University of Colorado; 2016. Available from: https://scholar.colorado.edu/psci_gradetds/51
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Open Access Theses and Dissertations