Global ETD Search

121	The Worst Supreme Court Decisions Ever! An Experimental Investigation of Agreement When the Supreme Court has Erred Glennon, Colin 11 January 2014 (has links) Hyperbole is the common response in the wake of any Supreme Court decision, but which cases have a lasting negative impression and why? This work seeks to clarify which rulings of the Court cause consternation among several different audiences. Through an experimental framework I conduct an examination of reactions to rulings in controversial cases among political scientists, legal scholars, and the public. I discover that there are some commonalities among the respondents, but also significant disagreement along issue areas, particularly cases decided based on economic property rights. Additionally I observe that partisan ideology has little impact on the perception of historic decisions, but in contemporary rulings the opposite is discovered. This finding suggests that time serves to mitigate partisan bias in evaluating the Supreme Court. Ultimately this work details information concerned with responses to previous Court decisions, but also provides context clues for predicting various reactions to future controversial rulings. supreme court decisions political science experimental investigation American Politics Political Theory Public Law and Legal Theory
122	An Experimental Invetigation of Opposition to Landmark Supreme Court Decisions Glennon, Colin 01 November 2015 (has links) No description available. supreme court American Politics Political Theory Public Law and Legal Theory
123	Asking “the child question” : - an analysis of the child perspective of Swedish legislation concerning child marriage with special focus on the recognition of those enacted in other countries López Melonio, María Noel January 2020 (has links) No description available. child marriage child law marriage law critical legal studies feminist legal theory child perspective Law (excluding Law and Society) Law and Society Juridik och samhälle
124	Perceptions of Indian tribal leaders regarding the Indian self-determination act (Public law 93-638) O'Connor, Ramona 01 January 1978 (has links) This study is an analysis of a policy, The Indian Self-Determination Act (Public Law 93-638), and consists of a survey designed to examine the perceptions of selected Indian tribal leaders regarding the policy. The findings of the survey are reviewed and analyzed and the study is concluded with a consideration of the implications of the findings for social work. In general, the study is concerned with an aspect of the social policy process. A specific policy is addressed and a survey of perceptions of people effected by that policy was taken. The policy itself is an indication of a seemingly new attitude of the federal government toward Indian people. If this is so, this change is a significant departure from traditional attitudes and will affect the social service system as it relates to Indians as well as most other aspects of Indian life. Indian Self-Determination is a new term for Indian people. Indigenous Studies Public Law and Legal Theory Social Work
125	Tre år med samtycke : En kvalitativ intervjustudie av ett urval 18-åriga ungdomars attityder till våldtäktsbrott och samtyckesbegreppet Bentzer, Frida January 2022 (has links) In recent years, there has been a rise of consent laws in Europe – that is, sexual harassment laws based on consent rather than forms of violence. The laws can be viewed as a type of morality policies, which aspire to change key values regarding sexual relations and rape, especially among adolescents. However, research on laws' abilities to affect opinions is limited and foremost conducted in an American context. At the same time, consent is a term that has been taken for granted, by both the research community and the general public. In what way do those that are targeted by such consent laws reason about consent and rape? Through in-depth interviews with a selection of Swedish adolescents, this paper investigates the ways consent and rape are understood by those targeted by the new Swedish consent law introduced in 2018. This is done against a feminist legal theorybackdrop. Do the young adults share the views that the law intended for them, and can it be an indicator of the normative potential of morality laws? The findings show that Swedish teenagers share crucial views with the law regarding the fact that consent is the sole decisive factor concerning rape. Violence and the intentions of the perpetrator are insignificant. Interestingly, the young adults show deviating views regarding rape and consent among people in relationships, as well as sex as a result of nagging. Taken together, the results deepen our understanding of how adolescents view rape and the complexity of the concept of consent. Morality policies consent law rape consent feminist legal theory adolescents Sweden
126	Arizona v. United States”, Snyder v. Phelps”, and “United States v. Windsor Glennon, Colin 01 January 2017 (has links) Book Summary: Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of―and appreciation for―the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions. arizona v. united states snyder v. phelps united states v. windsor Public Law and Legal Theory
127	Miinigowiziwin: all that has been given for living well together: one vision of Anishinaabe constitutionalism Mills, Aaron James (Waabishki Ma’iingan) 22 July 2019 (has links) Ending colonialism requires the revitalization of not only indigenous systems of law, but also the indigenous legalities of which they form part. This means that Canada’s unique form of liberal constitutionalism cannot serve as the constitutional framework within which indigenous law is revitalized. Rather, we shall have to advert to the fact that indigenous law was and is generated by unique indigenous legal processes and institutions, which find their authorization in unique indigenous constitutional orders, which are in turn legitimated by indigenous peoples’ unique and varied creation stories. Through the gifts of diverse Anishinaabe writers and orators, and through work with my circle of elders, with aadizookaanan, in community, and on the land, I present one view of Anishinaabe legality. I give special emphasis to its earth-centric ‘rooted’ form of constitutionalism, which is characterized by mutual aid and its correlate structure, kinship. In the second half, I examine the problem of colonial violence in contemporary indigenous-settler relationships. I identify two principles necessary for indigenous-settler reconciliation and I consider how commonly proposed models of indigenous-settler relationship fare against them. I conclude that one vision of treaty, treaty mutualism—which is a form of rooted constitutionalism—is non-violent to indigenous peoples, settler peoples and to the earth. Finally, I consider counter-arguments on themes of fundamentalism, power, and misreading. / Graduate Indigenous Constitutionalism Indigenous Law Legal Theory Political Theory Reconciliation Resurgence Mutual Aid Aadizookaanan Comparative Legality Anishinaabe Elders Anishinaabe Inaakonigewin Treaty Colonialism Gift Societies Earth Constitutionalism Indigenous Legal Traditions Anishinaabe Law Anishinaabe Worldview Miinigowiziwin Indigenous Legal Theory Legal Pluralism Canadian Liberalism Comparative Law Legal Anthropology Indigenous Studies Indigenous Philosophy Community-based Research Decolonization Canadian Colonialism
128	Laws of the land: indigenous and state jurisdictions on the Central Coast Colgrove, Sarah 20 December 2019 (has links) With discussion of Indigenous laws on the rise in Canada, this thesis explores the question of law’s power: jurisdiction. In this project, I ask whether Indigenous jurisdiction is active in conflicts between Indigenous and state actors over the environment, in the context of the Heiltsuk Nation on the central coast of British Columbia. This project looks to critical legal theory for an understanding of jurisdiction. It identifies three aspects of jurisdiction that are discussed in critical legal theory and related fields: that it is technical, it is authoritative, and it is spatial. Adopting these qualities as provisional indicators of jurisdiction, it applies thefzm to three case studies of Heiltsuk (or “Haíɫzaqv”) conflicts with the state, which engage colonial law in different ways. The three case studies concern (1) herring harvest and management, which was litigated in R v Gladstone; (2) land use and forestry, which is the subject of the Great Bear Rainforest agreements; and (3) trophy hunting for bears, which is the subject of a grassroots campaign based on Indigenous law. Adopting a qualitative approach adapted from institutional ethnography, this project applies a critical jurisdictional lens to each case study, using documentary review and interviews to explore the technical, authoritative, and spatial aspects of each conflict. Ultimately, I find that expressions of Heiltsuk jurisdiction – as understood from a colonial, critical perspective – are already at play in each conflict, although this is not immediately visible from the point of view of colonial law. In the conclusion, I explore the different manifestations and strategies of Heiltsuk jurisdictional expressions, and the ways that colonial jurisdiction interacts with them. / Graduate / 2021-12-19 Law Legal Jurisdiction Legal theory Critical Theory Critical legal theory Critical legal geography Legal geography territory Constitutionalism legal authority authority aboriginal aboriginal law Indigenous Indigenous laws Indigenous legal traditions Indigenous jurisdiction Heiltsuk Central Coast Great Bear Rainforest Environmental law Natural resources Herring Bear hunt BC Legal History BC History fisheries forestry hunting
129	The constitution, hermeneutics and adjudication : point of departure for substantive legal argument Ross, Derrick Bernard 06 1900 (has links) The Constitution stipulates that its value-commitments are to inform the interpretation of statutes and the development of the common law and customary law. Legislative construction and law-application generally are therefore to be perceived as involving an axiological dimension. Three hermeneutical traditions are dealt with to the end of clarifying the approaches to be adopted in everyday legal• argumentation. The study culminates in the adduction of leads for substantive !juridical argument in the process of statutory interpretation and in handling common-law and customary-law sources. These leads are shown to be functional byi way of a critical discussion of recent case law and a conspectus of contemporary t~ought bearing on the nature of customary law. The social dimension of the legal process is throughout underscored as a factor of significance. Concomitantly, it is rcigistered that the jurisprudence of formalism, so marked an attitude of a previous time, should be abjured to the extent that it is disdainful of value-commitment. Conformably, literalist and literalist-cumintentionalist perceptions as well as kindred stances are berated. The penultimate chapter of this thesis suggests an encompassing approach to the interpretation of statutes, comprised of a systematic tabulation of insights previously garnered. The fmal chapter postulates that common law and customary law are not to be dealt with upon an interchangeable basis, inasmuch as the sources go out from radically divergent premises. It then proceeds to elaborate a conceptual framework for dealing respectively with each of these sources. / Law / LL.D. Adjudication and Constitutionalism Common Law and Constitutionalism Customary Law and Constitutionalism Hermeneutics and Adjudication Interpretation of Statutes Jurisprudence Legal Argumentation Social and Legal Theory 342.2068 Constitutional law -- South Africa Judicial review -- South Africa Customary law -- South Africa
130	Comics, crime, and the moral self : an interdisciplinary study of criminal identity Giddens, Thomas Philip January 2011 (has links) An ethical understanding of responsibility should entail a richly qualitative comprehension of the links between embodied, unique individuals and their lived realities of behaviour. Criminal responsibility theory broadly adheres to ‘rational choice’ models of the moral self which subsume individuals’ emotionally embodied dimensions under the general direction of their rational will and abstracts their behaviour from corporeal reality. Linking individuals with their behaviour based only on such understandings of ‘rational choice’ and abstract descriptions of behaviour overlooks the phenomenological dimensions of that behaviour and thus its moral significance as a lived experience. To overcome this ethical shortcoming, engagement with the aesthetic as an alternative discourse can help articulate the ‘excessive’ nature of lived reality and its relationship with ‘orthodox’ knowledge; fittingly, the comics form involves interaction of rational, non-rational, linguistic, and non-linguistic dimensions, modelling the limits of conceptual thought in relation to complex reality. Rational choice is predicated upon a split between a contextually embedded self and an abstractly autonomous self. Analysis of the graphic novel Watchmen contends that prioritisation of rational autonomy over sensual experience is symptomatic of a ‘rational surface’ that turns away from the indeterminate ‘chaos’ of complex reality (the unstructured universe), instead maintaining the power of rational and linguistic concepts to order the world. This ‘rational surface’ is maintained by masking that which threatens its stability: the chaos of the infinite difference of living individuals. These epistemological foundations are reconfigured, via Watchmen, enabling engagement beyond the ‘rational surface’ by accepting the generative potential of this living chaos and calling for models of criminal identity that are ‘restless’, acknowledging the unique, shifting nature of individuals, and not tending towards ‘complete’ or stable concepts of the self-as-responsible. As part of the aesthetic methodology of this reconfiguration, a radical extension of legal theory’s analytical canon is developed. 364

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