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Full-Text Articles in Law

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer Sep 2005

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …


Setting The Table Doesn't Mean The Guests Will Come To Dinner: Televised Courts In Australia, Jane Johnston May 2005

Setting The Table Doesn't Mean The Guests Will Come To Dinner: Televised Courts In Australia, Jane Johnston

Jane Johnston

The Australian courts are entering their second decade of experimentation with televised court proceedings. Yet, the process has been slow and largely unfulfilling for both the courts and the television networks. Developments in this field, compared to other countries, notably the United States, Canada and New Zealand, have progressed only on an ad hoc basis. A preliminary study indicates that the management in television newsrooms, notably news directors, have not been proactive in gaining camera access in any systematic or unified way. Indeed, the courts have argued: “we got the table set but nobody came to dinner”. In contrast, the …


The New Aba Jury Trial Standards: "Innovations" Go Mainstream?, Nancy Marder Jan 2005

The New Aba Jury Trial Standards: "Innovations" Go Mainstream?, Nancy Marder

Nancy S. Marder

No abstract provided.


The Jury As "Free School" For Democracy, Nancy Marder Jan 2005

The Jury As "Free School" For Democracy, Nancy Marder

Nancy S. Marder

No abstract provided.


The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder Jan 2005

The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.


Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie Jan 2005

Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie

Jeff L Yates

In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …


Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law Jan 2005

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

David S. Law

This article argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government exacerbates …


America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray Dec 2004

America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray

Laura K. Ray

Curiosity about the Justices of the Supreme Court has increased dramatically since the New Deal era, when Americans first became aware of how directly the Court’s decisions affected their lives. That interest is reflected in three books about the Court written for a general audience, all of them provoking controversy and attracting substantial numbers of readers. In 1936 Washington columnists Drew Pearson and Robert S. Allen published The Nine Old Men, a partisan attack on the conservative members of the Court as political actors driven by their individual attitudes rather than by the law. Over forty years later, investigative journalists …


Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil Dec 2004

Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

Provides summaries of frequently-encountered evidence rules, with checklists for ALJs and others working in administrative adjudications.