Zugl.: Hagen, FernUniversiẗat, Diss., 2001.

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Using the universe of individual asylum cases in the United States from 2000–2004 and a difference-in-differences research design, we test whether Sept. 11, 2001 decreased the likelihood that applicants from Muslim-majority countries were granted asylum. Our estimates suggest that the attacks resulted in a 3.2 percentage point decrease in the likelihood that applicants from Muslim-majority countries are granted asylum. The estimated effect is larger for applicants who share a country of origin with the Sept. 11, 2001 attackers. These effects do not differ across judge political affiliation. Our findings provide evidence that emotions affect the decisions of judges.

Le phénomène de la dépossession ponctue l’histoire quand se succèdent et se disputent des régimes politiques et juridiques opposés. Le droit tunisien en est un exemple. Il s’agit de comprendre le processus de la dépossession des compétences des tribunaux charaïques (musulmans) et des tribunaux rabbiniques, dès l’occupation ottomane de la Tunisie en 1574, passant par le Protectorat français établi en 1881 et jusqu’à la fin de l’Empire ottoman en 1923. Cette dépossession, formelle (législative) et matérielle (jurisprudentielle), n’était pas le fait du Protectorat français. Elle était plutôt ottomane et remontait au XVIe siècle. Les juges tunisien et français étaient les acteurs principaux de la dépossession organique, mais le rôle du politique était fondamental (première partie). Au plan interne marqué par la confusion des pouvoirs, le hanafisme avait dépossédé le malékisme et le juge séculier et le pouvoir politique avaient dépossédé le religieux. À la veille du Protectorat, les compétences du juge religieux tunisien étaient limitées au statut personnel. Notre seconde partie démontrera comment le juge protectoral nouvellement institué en 1883 va continuer l’œuvre de la dépossession en la matière. Il mènera une dépossession jurisprudentielle et réussira à asseoir sa compétence à l’égard tant des Tunisiens « protégés » français ou européens que des Algériens vivant en Tunisie. D’une application pure et simple du droit religieux, le juge protectoral mènera progressivement la Tunisie vers la laïcisation déjà commencée par les beys réformateurs au début du XIXe siècle et complétera le paysage juridique tunisien, dont l’importance pour la Tunisie actuelle n’est pas minime. / To deny the jurisdiction of a court of law is an oft-repeated occurrence wherever political and legal regimes dispute against one another. Tunisian law is not exempt from such occurrences. It matters therefore an understanding of what entails and produces ouster-rules and namely those resulting in the denial of jurisdiction with regard to both Islamic-law-based courts as well as rabbinic-law-based ones, which goes back from the Ottoman occupation of Tunisia since 1574, whilst it underwent the French Protectorate established in 1881 until the demise of the Ottoman Empire in 1923. Ouster-rules, which can be either formal (legislative) or substantive (decisional-based), were not the produce of the French Protectorate. They are rather of Ottoman makings and date as from the XVIth century. From an internal approach, marked by the confusion of powers, Hanafi doctrines had already expelled Malikite ones, and secular judges, endorsed by the current political power, had religious laws ground down. On the eve of the Protectorate, the jurisdiction of Tunisian religious judges was boiled down to hearing only Personal Status matters. It is worth emphasising, in the course of this analysis, how “Protectoral Judges”, appointed in 1883, would but only uphold jurisdictional pleas and bring Tunisia progressively towards full « laicisation » which was triggered initially by the Reformatory Beys at the beginning of the XIX century and thus carving out the last distinctive feature of the Tunisian legal panorama, which continues to influence contemporary Tunisia.

This dissertation identifies and addresses key issues in Septuagint lexicography using case studies from the Greek version of Judges. The first chapter outlines the state of the question on the textual history of Judges in Hebrew and Greek, and also presents my lexicographical method and related matters. Chapter two surveys the history of Septuagint lexicography. I demonstrate how data about the meaning of Septuagint vocabulary has been insufficiently or in appropriately derived, expressed, and/or documented. I also highlight debates over the nature of post-classical Greek and the language of the Septuagint, which has predisposed scholars against viewing the Septuagint corpus as part of post-classical Greek in general. By pointing out methodological flaws that have plagued Septuagint lexicography-as well as theoretical problems in a Hebrew-priority view of the language-I argue for a Greek-priority view that evaluates Septuagint vocabulary in light of contemporary sources and emphasizes the importance of documentary evidence. The following chapters provide case studies from Greek Judges that demonstrate the benefits of a Greek-priority view. Many cases of consistent vocabulary disagreement in the textual history of the book cannot be explained on the basis of the Hebrew text nor given the data available in current lexicons. Examination of post-classical Greek evidence demonstrates that the motivation for the language change is multifaceted, but clearly includes matters of style and semantics in Greek independent from the source text. Chapter three focuses on παρατάσσω and παράταξις; chapter four on παιδάριον, παιδίον, νεανίας, and νεάνισκος; and chapter five on ἀπάντησις and συνάντησις. Each chapter concludes by discussing the relevance of the evidence for Septuagint lexicography, the motivation underlying the revision of Greek Judges, and the potential of Septuagint vocabulary to inform Greek lexicography in general. Chapter six summarizes my lexical analysis and discusses the benefits of a Greek-priority approach and its value for Septuagint lexicography. I posit a time-frame for the translation and revision of Greek Judges based on linguistic evidence. I conclude by emphasizing the need for renewed efforts in Septuagint lexicography to incorporate literary and nonliterary post-classical Greek sources. To address this need, I provide several sample lexicon entries for words discussed in the preceding study.

The partisan election of state judges and costly litigation make the civil justice system in the United States vulnerable because they undermine the values upon which the system was founded. The public’s trust that courts administer justice fairly and impartially is questioned by partisan elections funded by large corporations. Moreover, with the advent of electronically stored information, and the market’s control over the price of legal resources, access to the civil justice system is limited by wealth. This thesis seeks to address these problems and analyze the solutions that are most effective and comprehensive.

Richard Feetham was Judge President of the Natal Provincial Division from 1 May 1930 to 18 July 1939. He succeeded Dove Wilson who was an able but not a very learned or dynamic Judge President. Thus, at the time of his appointment the Natal Court and its judgments were treated with little respect by the other provincial divisions. Feetham JP, unlike his predecessor, was not only a scholar with a towering intellect but a man endowed with outstanding leadership qualities. He was thus ideally suited to bring about a change for the better in the status of the Natal Court. He did this by taking a dynamic lead and presided over and delivered a high proportion of the courts' judgments. He also set his brethren an excellent example by the high standard he set for himself and his court and which they emulated. This thesis thus also covers the careers of these puisne and acting puisne judges and their contribution towards the better administration of justice in Natal. In 1930 there existed in Natal a disinct system of dual practice with a de facto Bar. This system had been a vexed question in the minds of Natal lawyers for two decades but when Feetham JP was confronted with it he immediately addressed the controversial issue and brought about the necessary reforms to divide the legal profession and bring Natal into line with the rest of South Africa. This reform raised the quality of pleading and manner in which the law was presented. It also provided the Natal Bench with able personnel for the future from within Natal. Accordingly this thesis also assesses the careers of the main legal practitioners of that period and their contribution towards the development of the administration of justice in Natal. In less than ten years Feetham JP thus transformed the Natal Provincial Division from being weak and ineffectual to a position where it became a division respected for its Bench, judgments and legal profession. During the course of time history has confirmed the overall significance of Richard Feetham's Judge Presidency. / Thesis (LL.M.)-University of Natal, Durban, 1988.