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 17 of 17 for “"lower courts"”.
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Independent and effective adjudication in the lower courts of South Africa
… resolution in South Africa takes place in the lower courts, mainly the Magistrates' Courts (MCs), and they therefore constitute the foundation upon which the country's administration of justice rests. Indeed, since the establishment of a constitutional democracy in South Africa and the …
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Neither sword nor purse: the development of Supreme Court influence over lower courts
Lower court compliance with the superior courts is now a norm in the judicial system of the United States. This dissertation will examine the development of the Supreme Court's ability to influence the decisions by lower courts. My general theory is that lower court compliance with the Supreme …
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Students' First and Fourth Amendment Rights in the Digital Age: An Analysis of Case Law
… This indicates that the Court is content with lower courts applying First Amendment jurisprudence developed over 40 years ago to a rapidly advancing digital environment where students carry the equivalent of personal computers in their pockets, have an ever-growing telepresence, and rely on …
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A case study of North Carolina desegregation issues: influence patterns of federal and state courts and state statutes
… influence patterns among federal and state courts and state statutes. Major Findings: A trend in the United States Supreme Court's decisions from 1954 through 1973 was that the Court continually strengthened requirements for desegregating public school systems. In 1974, the Court broke this …
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Differences in the comprehensibility of testimony : a comparative study of magistrate's credibility judgements, witnesses' ethnicity and court role
… of extralegal variables on the verdicts of lower courts. Bennett and Feldman (1981) have demonstrated that the well-formedness of the semantic structure of testimony determines its credibility. It has been shown that the comprehensibility of narrative discourse (testimony) is a reliable …
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Using Discourse Opportunity as a Measure of Potential Power in Zoning Amendments
The United States Supreme Court and lower courts have deemed zoning to be one of the most essential powers of local governments (Cooper, Knotts, and Brennan, 2008) (Albemarle County, 2018). This paper examines the zoning amendment, one of the many processes that comprise local government in the …
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The Myth of the Second Amendment
… by rejecting means–end balancing and directing courts to focus on text, history, and tradition. Together, these cases set the architecture for modern doctrine and guide how lower courts review gun regulations. This study combines historical analysis, doctrinal analysis, and empirical study of …
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Heien v. North Carolina and Significant Interpretive Court Cases: An Empirical Examination of Police Officers’ Perceptions and Knowledge
… it is important to better understand how the lower courts have interpreted and applied <em>Heien</em>. Therefore, key, recent interpretive lower court case law for <em>Heien</em> is also analyzed. Furthermore, it is also important to discover what law enforcement officers know about the …
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The rhetoric of protest in the Supreme Court case of Hansberry v. Lee and Lorraine Hansberry's A Raisin in the Sun
… not be sold or rented to African Americans. The courts upheld these agreements as legally binding. Carl Hansberry had to purchase the home through a Caucasian liaison. The court case was argued in several lower courts before culminating in an appeal to the United States Supreme Court in 1940. …
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Simulation discussed : tax avoidance in the common law
… mean that such comments are void of import where lower courts may consider the doctrine in future. Opposed hereto are those who are of the view that the judgment has indeed changed the simulation doctrine's landscape.
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Atleidimas nuo baudžiamosios atsakomybės pagal laidavimą. Teorinės ir praktinės problemos /
… abundant case law of the Supreme Court and the Lower Courts of the Republic of Lithuania as well as linguistic, logical-analytical, and systematic interpretation of law. Section three of the thesis discusses procedural aspects of the release from criminal liability on bail and the implementation …
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The Role of the Circuit Courts in the Development of Federal Justice and the Shaping of United States Law in the Early Republic: Supreme Court Justices Washington, Livingston, Story, and Thompson on Circuit and on the Court
… early Republic, the crucial role of the circuit courts in establishing uniformity of federal law and procedure across the nation has largely been ignored. This thesis seeks to remedy this lack of research on circuit courts by revealing the central role of their presiding Supreme Court justices in …
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A critical analysis of the Delay Rule in South African Administrative Law post State Information Technology Agency Soc Limited v Gijima Holdings (PTY) Limited
… paper critically assesses trends emerging from lower courts in response to the Gijima principle and provides recommendations as to how some of the issues raised by the judgment's approach may be rectified. Overall, I argue that the Gijima principle effectively eradicates the delay rule and that …
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Judicial Enforcers? Exploring Lower Federal Court Compliance in Regulating the Obscene
… of their ideological leanings. Thus, federal courts are caught between competing goals such as their willingness to maximize their preferred legal policy, and their place within the judicial hierarchy. This dissertation applies hierarchy and impact theory to assess the importance of the …
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‘In the interests of justice’: cases of caste violence in the Supreme Court of India
… of the violence, the judicial responses of lower courts, and the reasons for escalation to the Supreme Court. Finally, it systematically categorises and critically evaluates the Supreme Court judgments in the appeals arising from caste atrocity proceedings under the PoA Act. Following a …
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Citizen UK 2000 and the European Convention for the promotion and protection of Human Rights and fundamental freedoms
… exist between, and/or within, the higher and lower courts regarding the application of the HRA/ECHR? If so, on what grounds? Can a universal humanity exist in a legal order where rights are treated as a form of residual liberty remaining after legal restraints are subtracted? Whether post …
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Rubber Stamps and Litmus Tests: The President, the Senate, and Judicial Voting Behavior in Abortion Cases in the U.S. Federal District Courts
… cases from all of the U.S. Federal District Courts from 1973-2004. Unlike previous studies, which demonstrate that the president and the home state senators are the best predictors of judicial ideology, I find that the Senate Judiciary Committee at the time of the judge's nomination is the …