Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 15 of 15 for “"appellate courts"”.
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To prosecute or not to prosecute, that is the question: the Federal Trade Commission and Antitrust Division's antitrust enforcement dilemma under judicial uncertainty
… a theory of interaction between the federal appellate courts and the bureaucracy with regard to bureaucratic prosecution. Modeling the bureaucracy as a forward-looking and risk-averse institution and assuming that there is no uncertainty at the district court level, I posit that institutional …
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Appellate Recruitment Patterns in the Higher British Judiciary: 1850 - 1990
This study seeks to advance the understanding of appellate promotion in the senior judiciary of Great Britain . It describes the population and attributes of judges who served in the British High Courts, Court of Appeal, and Appellate Committee of the House of Lords (i.e., Law Lords) from 1850 to …
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Adding Flesh to Sullivan’s Bones: The Legacy of St. Amant v. Thompson
… case as it progressed through the trial and appellate courts, and in the debate amongst the justices of the Supreme Court. This dissertation examines the law of defamation prior to the trial in Deputy Sherriff Herman Thompson’s libel case against St. Amant, including its origins in English …
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A preliminary legislative evaluation of the conditional sentence of imprisonment: The case of Ontario, 1996-1997.
… by an analysis of the case law from four Appellate Courts. Finally, a number of interviews were conducted with judges and crown prosecutors from Ottawa and Toronto in order to elicit their perceptions about conditional sentences. The findings present a portrait of the early application of …
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Essays in Political Economy
… Chapter 3, ``Strategic Opinion-Writing on Appellate Courts,'' describes how and why the partisan composition of quasi-random panels of judges on the U.S. Federal Courts of Appeals affects consensus-building. I describe each chapter in more detail below. The first chapter, ``Persuasion with …
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Partisanship, Election Reform and Decision-Making in the North Carolina Supreme Court: A Case Study
… the system of popular elections for the state\'s appellate courts, including the removal of partisan labels from the ballot, starting with the 2004 elections. This particular change presents an opportunity for a natural experiment in which to observe any differences that may have appeared between …
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Competing Populisms: Public Interest Litigation and Political Society in Post-Emergency India
… decade, for instance, PIL has enabled the Indian appellate courts to function as a slum demolition machine, and a most effective one at that - even more successful than the Emergency regime. A recurring sentiment in these recent PIL cases is a deep impatience with the populism that is believed to …
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The Criminalisation of Adverse Medical Events in Criminal Negligence Cases: Exploring Fate, Agency, and Pragmatism in the Construction of Blame for Alleged Physician Negligence
… employs a case study approach to explore how appellate courts construct AME as a product of fate or agency. The British case of Bawa-Garba v. R. (2016) and the Canadian case of R. v. Javanmardi (2019) are analysed using thematic analysis. It is concluded that the majority of the Supreme Court …
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Constitutional origins of the federal judiciary.
… the independence, extent, and power of federal courts. Congress first furnished the federal judiciary with the institutional means to extend its jurisdiction by increasing the number of federal trial courts and establishing a full set of intermediate appellate courts in 1891 to handle the bulk …
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The Communication of Law in the Digital Environment: Stability and Change Within the Concept of Precedent
… of judicial decisions in the 1970s the federal appellate courts adopted no publication and no citation rules. The rules were an attempt to control the amount of case information in the legal system. Case populations have expanded since. Placing unpublished precedent online in databases such as …
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Tinkering with Student Speech in the Age of Social Media
… dissertation summarizes and analyzes federal appellate court decisions in such cases. Appellate courts in six federal circuits have heard and ruled in cases involving students’ off-campus online speech. This dissertation examines the precedent those courts have applied to outline the …
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Peer to peer sexual harassment: emerging law as it applies to school building administrators' legal responsibility for prevention and response
… and examine the judicial reasoning of the courts in those decisions. The legal analyses conducted in this study showed that the cases of peer to peer sexual harassment heard in federal courts since 1989 have resulted in a pattern of decisions ruling increasingly in favor of administrators’ …
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Decision-Making at the Court of Appeals Level Involving Religious Liberty Cases
… examines the factors affecting United States Courts of Appeals judges' decision-making in religious liberty cases. I hypothesize that gender, race, religious background, prior judicial experience, circuit, region and litigant status will all influence the way judges vote in religious liberty …
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Partisanship and Judicial Decision Making in U.S. Courts of Appeal
… 1997 and examine the voting behavior of federal Courts of Appeal judges. I utilize both cross tabulations and a Logit regression model to determine the likelihood appellate judges will vote for their own party and against the opposition.