Global ETD Search
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Showing 1 to 20 of 27 for “"Legal Arguments"”.
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Public Involvement in Forest Service Project-level Decision-making: A Qualitative Analysis of Public Comments, Administrative Appeals, and Legal Arguments from Case Studies on the George Washington and Jefferson National Forests
… accusations and counterclaims, and value-based arguments by all entities involved. Yet, the numbers of studies to substantiate the debate is relatively minimal and tend to be sporadic, reoccurring during times of national forest management crises, which is inappropriate and shortsighted. …
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Coalition Networks and Policy Learning: Interest Groups on the Losing Side of Legal Change
… Research with regard to interest groups and legal change has found that interest groups, using arguments that were once accepted as the legal standard for Supreme Court decisions, were unwilling or unable to alter their arguments when the Court reversed its position on these legal standards. …
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Law and Counterterror Policy During the Bush Administration: a Strategic Assessment
… most controversial aspects. However, it is the legal arguments marshaled in support of the administration's actions that have generated the greatest firestorm of criticism. As case studies for understanding the ongoing debate, this thesis examines four key post-9/11 policies that the Bush …
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The effect of media bias on legislation: a case study of Arizona's Senate Bill 1070 on immigration
… Senate Bill 1070, Arizona's bill to combat illegal immigration. The purpose of this study was to (a) examine whether the media coverage of Arizona Senate Bill 1070 initiated government action and (b) examine whether the media coverage presented emotional or legal arguments supporting or not …
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In the light of the Crimean Crisis will International law have to accept that it is to the advantage of the citizens of Crimea that, in this case, the law of state succession applies De Facto in preference to that of occupied territory law?
… be attributed to Russia. Therefore Russia used illegally force in Crimea. After holding a referendum, which didn't met the international standards, Crimea singed a treaty, which lead to the incorporation into the Russian Federation. Because of the link to the illegal use of force these actions …
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Marital status discrimination in the allocation of rights, obligations, and benefits: Legal paths to protect non-normative families
… of care as a problem, and thereafter to build legal arguments to confer private and public family law entitlements upon them in selected legal systems: Canada, the United States, and the two meta-national systems of the European Convention of Human Rights and on European Union in Europe. The …
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The moral and legal status of the human foetus : a critical analysis from an Islamic perspective
… Additionally, is moral status related to legal status, and if so, how? Also, what implications does this have for foetus-related dilemmas such as abortion and foetal research? These questions will be addressed by examining relevant Western moral and legal arguments and theories from an …
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Clerics, Courts, and Legal Culture in Early Medieval Italy, c. 650 - c. 900
… and explores two core features of the clerical legal culture of the kingdom. The first regards the judicial institutions that clerics exploited. While the late eleventh and twelfth centuries would see the elaboration of a coherent system of ecclesiastical justice centered on the papal court, …
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Abbeville v. the State of South Carolina: A Case Study
… to be a part of the plaintiffs' case?; 3) What legal arguments did both the plaintiffs and defendants use in Abbeville?; 4) Why did the state choose to contest the lawsuit?; and 5) What was the 2005 ruling in the Abbeville case and how did people closely associated with the case react to the …
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Public law and public management: “theory” and “values” in corporation tax reform
… study offers an interpretation, and assesses the arguments. It views the corporation tax code as public law, energised by political values whose meaning and prioritisation are shaped by the prudential logic of effectiveness. The institutions that generate the code, and the challenges of …
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City growth and community-owned land in Mexico City
… spite of the important changes produced in the legal status, internal organization, and governmental interactions of the agrarian communities, these changes have not translated into a massive privatization of ejido lands, and the incorporation of social land into urban development is far below …
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Cultivating Reform: Richard Nixon's Illicit Substance Control Legacy, Medical Marijuana Social Movement Organizations, And Venue Shopping
… state level legislation, and supported numerous legal arguments that challenge and attempt to reform U.S. federal illicit substance policies. This set of social regulatory policies, commonly known as the Controlled Substance Act of 1970 (CSA), were drafted, promoted, and implemented by the Nixon …
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Lawyers Need Law: A Study of Constitutional Arguments Made to State Supreme Courts
… not powerless to influence the content of the arguments presented by lawyers. Through their opinions, courts send signals and give guidance about the kinds of claims it wishes to hear. Given that lawyers are conditioned to think of rights issues in federal terms only, the support structure …
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Constitutions, not commitment: international law, diffusion, and the construction of universal constitutional principles
… law say about constitutionalism and how do these legal arguments and political pressures change the incentive structures surrounding the drafters of national constitutions? Further, does the involvement of international law and international politics have any effect on the implementation of the …
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Logic, Learning, and Explanation: Theoretical and Applied Perspectives on Machine Reasoning
… and the use of Large Language Models (LLMs) in legal reasoning. The first part develops a novel Ehrenfeucht-Fraïssé game tailored to counting logic with a bounded number of variables, which characterizes formula size. This provides the first known formula size lower bound in counting logic and …
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Realism and idealism in the harmonization of contract law in the European Union
… European Commission and by journals devoted to legal integration. The impact of decisions of the Court of Justice of the European Union in 2000 and 2006, however, ensured that only a modest proposal, as distinct from a European Civil Code, would be put forward. The Common European Sales Law, an …
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Small states and the undercurrents of compliance with international law: The case of Namibia
… gathered was analysed and assessed using legal arguments. The study found that Namibia has generally embraced international law as an integral part of its legal system and strictly adheres to it, as illustrated by the Kasikili / Sedudu Island dispute between Namibia and Botswana at the …
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Impact of the 1962 New York Agreement on Indigenous West Papuans’ Political, Cultural and Territorial Rights: A historical and legal analysis of West Papuans’ rights to self-determination
… violations. This thesis closely examines the legal grounds of Indonesia’s claim, with a particular focus on whether the New York Agreement was legitimately and authentically implemented through the processes of the 1969 Act of Free Choice. Using primary and secondary sources, this thesis …
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Influencing justice beyond the nation state: Member State governments at the Court of Justice of the European Union
… governments make of their opportunity to submit legal arguments in preliminary reference proceedings at the Court of Justice. Which Member States submit observations and which do not? What motives do Member States have for their submissions, and what influence do they have on the development of …
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A More Global Court? Judicial Transnationalism and the U.S. Supreme Court
<p>For many decades, Supreme Court justices and legal scholars have argued over the validity of different tools in constitutional interpretation, including social science data, public opinion and, most recently, laws and standards of decency from abroad. Although several of those currently on the …
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