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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Le pouvoir des commissions scolaires en matière de renvoi et son contrôle par le tribunal d'arbitrage

Boisrond, Yves January 1975 (has links)
Abstract not available.
2

Reviewing Constitutionality of Time Spent on Death Row Under Eighth Amendment Jurisprudence

Richardson, Angie 01 January 2020 (has links)
Under the Eighth Amendment, the death penalty is in and of itself not considered cruel and unusual punishment. Although the death penalty is frequently attacked for the numerous death row exonerations (more than 150 in the United States alone), lack of evidence supporting the idea that the death penalty deters crime, and marginalized groups being more likely to receive this sentencing, the death penalty still remains on solid constitutional ground. In fact, the arguments that pose the biggest threat to the constitutionality of the death penalty tend to revolve around the potential risk of substantial pain while executing an offender, or the type of offender that can or cannot be executed. One argument that has not received as much traction, but rests on similar logic to those that have, revolves around the constitutionality of sitting on death row. Specifically, the argument that this thesis will address is whether the time spent on death row, not the execution itself, violates the Eighth Amendment? This question will be addressed through three-parts: I. Death Penalty in Modern U.S. Jurisprudence, II. Overlooked Problematic Effects of Death Row and III. Time on Death Row as a Possible Constitutional Violation. Part I. reviews the literature of death penalty jurisprudence and is divided into three smaller parts. Part II. presents an analysis of death row and the effects it has on inmates. Part III. analyzes connections between inmates' mental health and their competency.
3

Hypnotically induced testimony and the courts

Murray, Donna Diana 01 January 1996 (has links)
No description available.
4

Colorado's amendment 2 : how far can the U.S. Supreme Court stretch equal protection?

Cecil, Victoria Lynn 01 January 1997 (has links)
This thesis will explore the activist direction the U.S. Supreme Court has taken in relation to the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution with respect to Colorado's Amendment 2. The effects of such activism in the case of Romer v. Evans, the case in which Amendment 2 was constitutionally challenged for excluding homosexuals from existing anti-discrimination laws, include circumventing democracy and the improper assertion of constitutional conflict with respect to the inclusion of homosexuals in our equal protection laws. Historically, judicial activism has played a large role in interpreting the extent of equal protection to everyone under the law. Since Brown v. Board of Education, the judiciary has actively interpreted equal protection to include its own social theories and justices. As a result, equal protection has been stretched far beyond what the framers had intended. The U.S. Supreme Court's activist decision in Romer not only extended the interpretation of equal protection, but exhibited an abuse of judicial review. The issue of gay rights is clearly a social one and social issues, because of their inherent moral nature, are theoretically best decided democratically. Within the last decade, and more particularly within the last year, we have seen more social issues, like gay rights, that have been decided by voter initiative overturned by activist courts. This judicial intervention of voter referendum essentially erodes our democratic system. The Romer decision is a clear example of an activist court prohibiting the citizens of a state to control the actions of their government. The U.S. Supreme Court conceivably abused judicial review in this case and unjustifiably asserted voter referendum, the most democratic act, as unconstitutional. The issue of whether Colorado's Amendment 2 violated the Equal Protection Clause is clearly determined through the consideration of the original intent of the framers and strictly construing the constitution and its accompanying civil rights laws. Since homosexuals are not a federally protected class and the State of Colorado is not constitutionally or federally required to protect such a class, no constitutional conflict exists in the provisions set forth in Amendment 2. Affording this class protection is an extension unwarranted by the theory of equal protection laws, and is adverse to Bowers v. Hardwick. The U.S. Supreme Court's decision to strike down Colorado's Amendment 2 is a perfect example of "stretching" of the equal protection to unauthorized limits. The interpretation of the Equal Protection Clause by an activist court can sometimes be a precarious one and the consequences can be profound. Although the U.S. Supreme Court's decision in Romer created no new rights for homosexuals and fell short of declaring them a "suspect class," it erroneously elevated a rather small, yet recently politically powerful class of people to the same level as that of racial minorities, women, and religious groups. Thus, begging the question of whether sexual orientation should be included in those enumerated civil rights classes we know so well. When examining the inherent uncontrollable nature of the current enumerated categories together with the fact that science is still divided on whether homosexuality is a controlled behavior concludes that presently, homosexuals should not be included in the federal civil rights categories. Therefore, such a cultural debate is best reserved for the states and their communities. The issue of whether homosexuals should be entitled to special protective legislation is one that is plagued by morality, and like other moral issues, such as abortion, has become very controversial. The main objective of this thesis is to view the Supreme Court's decision in Romer v. Evans from a very restrainist standpoint as opposed to an activist standpoint. This thesis will attempt to wade through the moral influences of this issue and analyze the case of Romer v. Evans from a strict constructionist point of view.
5

Physician-assisted suicide for the terminally ill patient : a constitutional right?

Dixon, Laura Marie 01 January 1997 (has links)
No description available.
6

Examination of inheritance rights of children under the Florida probate code

Hughes, Kris 01 January 1997 (has links)
No description available.
7

The grand delusion : recovered memories challenge the law

Tenczar, Wendy 01 January 1997 (has links)
Recovered memories of adults claiming to have been sexually abused as children are being challenged in court. The issue at hand is whether child abuse should be prosecuted decades after an alleged incident occurred. The scientific basis for recovering these repressed memories of child sexual abuse raises important concerns in the legal community regarding admissibility of evidence and the tolling of the statute of limitations. This paper identifies these concerns, particularly focusing upon the delayed discovery doctrine, the different standards for the admissibility of scientific evidence, the basis for recovering repressed memories and the debate in the scientific community.
8

Mandatory HIV Testing in Athletes: Defining the Issues

Bozza, Gabrielle 01 January 1997 (has links)
No description available.
9

Cameras in the courtroom : televised cases on trial

Fayed, Kristi Michelle 01 January 1997 (has links)
The allowance of cameras in the courtroom and televised trials have seemed to cause a debate within the United States legal system. Advocates for a ban on cameras argue that the court system has become just another entertainment special, and has forgotten what its purpose is: justice. Advocates for cameras argue that they are an educational tool for the American public. Are televised trials appropriate in today's legal system? In Chapter 2 of this thesis, I briefly outline the history of American laws dealing with the use of cameras in the courtroom. In Chapter 3, I discuss the difference between the print media and television. In Chapter 4, I propose a change within the legal system which would lessen the effects that cameras have in the courtroom. And in Chapter 5, I conclude my argument.
10

A discussion of insanity defense reform and an argument for change in Florida

Dickey, Eric W. 01 January 1998 (has links)
The Insanity Defense is an ever changing area of the law. The most recent proposal for changing the Insanity Defense is through the introduction of a "Guilty but Mentally Ill" verdict to supplement the verdicts of "Guilty" and "Not Guilty by Reason of Insanity." This paper discusses the history if the Insanity Defense and then proposes that Florida adopt "Guilty but Mentally Ill" for its own use.

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