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Full-Text Articles in Law

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years ...


A Comparison Of The American Model And French (-Inspired) Appellate Model, Frederic Blockx Jan 2018

A Comparison Of The American Model And French (-Inspired) Appellate Model, Frederic Blockx

Duke Law Master of Judicial Studies Theses

Both the American and the French legal system have a three-tiered structure. However, the respective roles and functions of the courts on each step of the ladder is vastly different in both. Whereas the general system in the U.S. is to have one trial court and two ‘higher’ courts (a court of appeals and a supreme court), the French / European continental system consists of two ‘factual’ courts (the basic level and the court of appeals), and one ‘legal’ (the supreme court) with limited or even inexistent possibilities to look at the facts.

The purpose of this thesis is to ...


Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique Jan 2018

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without ...


Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain May 2017

Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain

Theses and Dissertations

In domestic violence courts, judges and other court actors are often trained on one particular model of understanding domestic violence: the Duluth model of violence as power and control. There are, however, different theories and discourses about the causes and nature of domestic violence. Further, specialized domestic violence courts, which have become more prevalent since the 1990s, employ a problem-solving approach to domestic violence, focusing on offender accountability, rehabilitation, and victim safety. Whether these courts reduce violence and increase safety is less clear. Further, limited research exists on how offenders are processed through these courts, including post-sentencing decision-making. Given the ...


Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley Jan 2016

Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley

Duke Law Master of Judicial Studies Theses

Since the 1980s, scholars and development banks have recognized the link between judicial institutions and economic growth. This thesis proposes to explore the role of judicial institutions in the performance of economies and questions whether enhancing judicial institutions can result in enhancing economic development in developing countries. Since the 1990s development banks have explored the role of judicial institutions in the quest for economic development. Both the World Bank and the International Monetary Fund (IMF) have done this through the pursuit of judicial reform efforts in countries with ailing economies. The focus has been on improving the efficiency of the ...


Who's In Charge Of Whom? A Study Into The Deference Paid By Federal Court Judges To Executive Agencies, Andrew Smallwood Jan 2016

Who's In Charge Of Whom? A Study Into The Deference Paid By Federal Court Judges To Executive Agencies, Andrew Smallwood

University Honors Program Theses

With judicial decisions instigating much of the immediate political changes in recent history, this study delves into the relationship between a judge’s tenure on the bench as well as other contributing factors, such as political ideologies, and the decision in cases relevant to politically charged agencies. This purposeful study into the United States Court of Appeals, District of Columbia Circuit, attempts to isolate specific determinants in cases involving the National Labor Relations Board and the Environmental Protection Agency. Logistic Regression analysis is used to determine the existence of possible relationships between judicial behavior and factors such as prior executive ...


Lgbtq Experiences With The Courts: The Role Of Gender Nonconformity And Assertiveness, Alexis Forbes Jun 2014

Lgbtq Experiences With The Courts: The Role Of Gender Nonconformity And Assertiveness, Alexis Forbes

All Dissertations, Theses, and Capstone Projects

Using lesbian, gay, bisexual, transgender, and queer (LGBTQ) and non-LGBTQ participants, a pair of studies explored the influence of LGBTQ identity and gender nonconformity (GNC) in experiences of discrimination in court settings. A one-way ANOVA tested whether LGBTQ participants were more likely to score low on the treatment in court scale. Additionally, two separate multiple regression analyses tested whether high scores on the Gender Nonconformity Scale (GNCS; Forbes & Nadal, under review), were associated with low scores on a measure of treatment in court. It was discovered that LGBTQ identity did not have a statistically significant effect on factor in treatment ...


Minor Courts And Communities At The Frontier: The Justice Of The Peace In Early Missouri, Bonnie Aileen Speck Jan 2010

Minor Courts And Communities At The Frontier: The Justice Of The Peace In Early Missouri, Bonnie Aileen Speck

Wayne State University Dissertations

ABSTRACT

MINOR COURTS AND COMMUNITIES AT THE FRONTIER JUSTICES OF THE PEACE IN EARLY MISSOURI

by

BONNIE A. SPECK

May 2011

Advisor: Sandra VanBurkleo

Major: American Legal and Constitutional History

Degree: History

This study focused on local and county courts operated by Missouri's justices of the peace between the Louisiana Purchase and roughly 1875. Its purpose was to investigate the role of township justices’ courts and county courts of commissioners in terms of interactions with local residents; effects of rulings and other court actions on everyday affairs; and wider impacts on Missouri society. Sources included territorial and state laws ...


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil Jan 2010

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the ...


Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy May 1930

Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy

Student Theses

Introductory Statement

It is not our purpose in this thesis to attempt a complete and detailed history of equity as it exists in England and in the United states. To do this would involve little more than a compilation of what has already been quite elaborately treated by some of the great legal minds of England and America.

We propose to treat rather of the nature of Equity as it existed in the Roman Law,its influence in the English law, the primitive condition of the law at the time of the origin of Equity, and of the causes which ...