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Zero Tolerance for Marginal Populations: Examining Neoliberal Social Controls in American SchoolsSellers, Brian Gregory 01 January 2013 (has links)
This study's purpose is to investigate the expansion of social control efforts in American elementary and secondary school settings, particularly the use of zero-tolerance policies. These policies entail automatic punishments, such as suspensions, expulsions, and referrals to the juvenile and criminal justice systems for a host of school-based infractions. The widespread implementation of zero-tolerance policies and the application of harsh, exclusionary sanctions have intensified over the past decade. Numerous studies have documented this rise; however, there has been little effort to explore the explanation of the expansion of school-based social controls.
A potential explanation is found in the application of political economic theories in relation to the increased use and evolving nature of social control in the neoliberal era of capitalism. As such, the current study employs a new theoretical approach, which utilizes neoliberal theory combined with theoretical components from existing metanarratives in the literature. By using this new approach in regard to school-based social control, the connection between the expansion of social control of the working class and marginal populations in the criminal justice process, and the retraction of the social safety nets that characterized neoliberal capitalism is extended to the explanation of trends in the social control of school-based infractions.
This investigation incorporates a qualitative, empirical exploration of how these school criminalization efforts have been implemented and legitimized by the state, specifically through the authority of the courts. By engaging in textual analysis, the jurisprudential intent that informs both the relevant state appellate and Supreme Court decisions was subjected to legal exegeses to determine how and if the judicial system legitimizes the practice of zero tolerance in schools, which are consistent with neoliberal ideals. In addition, a quantitative component, to this overall study, examined nationally representative School Survey on Crime and Safety (SSOCS) data across three academic years to determine if school security measures and disciplinary actions were increasingly applied to marginal populations in elementary and secondary schools over time.
Results from the qualitative inquiry revealed that in the overwhelming majority of court cases evaluated, the courts decided in a fashion that reinforces zero-tolerance policies as legitimate neoliberal social controls in schools. Several theoretically relevant themes emerged from the jurisprudential intent, which are transferable for further theory development and future research. Quantitative findings reveal that, over time, the total disciplinary actions and removals from school without continued educational services are disproportionately applied to schools with the highest percentages of minority students and students who reside in high-crime areas compared to schools with the lowest percentages of minority students and students who reside in high-crime areas. Conversely, the results also reveal that the average use of school security measures (e.g., metal detectors, access controls, security guards, etc.) are more likely to be used in schools with the lowest percentages of minority students than schools with the highest percentages of minorities over time.
These results are discussed in detail, and recommendations for changes in school policies and practices are offered, while being mindful of evidence-based best practices that may serve as viable alternatives to the zero-tolerance policies currently being used. Avenues for future research and theory development are also outlined.
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The Chief Justice: Democratic Leadership of the Judicial Decision-Making Process in the Hidden BranchRoot, David 27 October 2016 (has links)
My dissertation examines chief justice leadership of the United States Supreme Court during the judicial decision-making process. With the office steeped in secrecy, I borrow seminal concepts from the leadership literature such as autocratic, laissez-faire, and democratic leadership and adapt them to the office in order to systematically identify dominant patterns of leadership. While chief justices use different styles, the office is chiefly democratic in both structure and operation, which makes the chief justice a “first among equals” and requires him to be just as good of a political negotiator as he is a competent legal judge. This is a unique, but under appreciated, feature of the chief justice when compared to the associate justices. / 10000-01-01
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A Constructionist Analysis of Judicial Decision-Making in Workplace Discrimination CasesKleps, Christopher January 2022 (has links)
No description available.
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Judicial Discretion on Drunk Driving in OhioRuff, Kristen Michele 12 February 2008 (has links)
No description available.
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Motivated reasoning in legal decision-makingBraman, Eileen Carol 29 September 2004 (has links)
No description available.
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Heterogeneity in Supreme Court decision making: how situational factors shape preference-based behaviorBartels, Brandon L. 04 August 2006 (has links)
No description available.
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Interactions Between Congress and the Supreme CourtIvanchenko, Roman 22 June 2007 (has links)
No description available.
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State Success in State Supreme Courts: Judges, Litigants and State SolicitorsMiller, Banks P. 22 July 2009 (has links)
No description available.
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Partisanship and Judicial Decision Making in U.S. Courts of AppealMeaders, Eddie Loyd 12 1900 (has links)
Partisanship is found in voter and Congressional behavior. Members of the federal judiciary should behave similarly. I utilize cases involving the Republican and Democratic parties from 1966 to 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.
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Ekonomická analýza práva v judikatuře / The economic analysis of law in case-lawHubková, Pavlína January 2012 (has links)
OF THE DIPLOMA THESIS The Economic Analysis of Law in Case-Law Pavlína Hubková According Richard Posner, "economics is a powerful tool for analyzing a vast range of legal questions but most lawyers have difficulty connecting economic principles to concrete legal problems." This diploma thesis focuses on the clash between law and economics and on those difficulties lawyers may have when applying economic analysis of law. It tries to identify borders between two fields of study and problems or obstacles which are faced by judges. In concrete, the thesis deals with the economic analysis of law in the domain of competition law. The thesis is divided into a theoretical part and an empirical part. The theoretical part includes four chapters. The first chapter characterizes the economic analysis of law in general, it provides with a short history of this approach to law, opinions of its proponents as well as critics and a summary of utility of economics in law. The second chapter then refers specifically to the role of economic analysis in judicial decision-making. Competition law as an "explicitly economic field" is presented in the third chapter. The core of the thesis is to be found in the next chapter which focuses on the problems and obstacles which judges have to face and potentially overcome when...
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