Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic Abstract This thesis examines eight rulings of The Supreme Court of the Czech Republic that were handpicked for their extraordinary relevance in labour law. The author of this thesis attempts to find the solution to the problems solved by The Supreme Court in these rulings and then compares his reasoning and conclusions with the ones provided by The Supreme Court while evaluating the validity of the court's reasoning and conclusions along with whether The Supreme Court found its conclusions in a methodically sound manner. Rulings of cases No. 21 Cdo 4986/2010, 21 Cdo 224/2013, 21 Cdo 2745/2013, 21 Cdo 385/2014, 21 Cdo 5433/2014, 21 Cdo 3240/2015, 21 Cdo 1276/2016 and 21 Cdo 1276/2016 were the ones selected for analysis. The subject matter of the rulings listed above is as follows: When can an empoyer terminate a non- compete clause, whether or not specifying the applicable reason for termination in a medical opinion is needed in order to use said medical opinion as grounds for such termination, whether obstacle to work on the employee's part takes precedence over obstacle to work on the employer's part or vice versa, the relation between entitlement to severance pay and compensation provided by the Labour...

Hahlo and Khan have aptly described South African law as a ‘three-layered cake’. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to ‘bake’ the third layer, and the judges who were employed to supervise the task. However, in order t wet the appetites of the legal gourmets, an attempt has been made to analyse the ingredient of judicial precedent, and to serve it up in the form of ‘icing’.

A determination was made of the degree to which the four requirements of Gault were met in District I of the Utah Juvenile Court between July l, 1967 and June 30, 1969. The requirements handed down in 1967 by the U. S. Supreme Court were as follows: (a) guarantee to the right of notice given to the juvenile himself and to his parents; (b) right to counsel , representation by counsel in juvenile delinquency proceedings; (c) right to confrontation and cross-examination by prosecuting witness; and (d) privilege against self- incrimination in juvenile delinquency proceedings. Observable procedures indicate that sustained effort is being made by District I, Utah, toward affording protection of basic legal rights to juvenile court clients and their families. However, the juvenile court records, as the source of information for this study, show the four requirements of Gault as being met only in part during the period of time specified. It was also found that, with only two changes, the Utah Juvenile Court Act of 1965 would have already been fulfilling, in Utah, the requirements provided by the subsequent 1967 U.S. Supreme Court decision on Gault. These two recommended changes were, first, a provision requiring that it be recorded whether or not the child was notified of his rights; and second, that a provision be added to record the name of the complainant, his presence, and if his testimony was used during the proceeding.

Did interest groups influence the Supreme Court’s interpretation of federal economic regulatory authority under the Commerce Clause leading up to the Supreme Court’s 1937 reversal? Recent scholarship has begun a renewed study of this tumultuous era seeking alternative explanations for the Court’s behavior beyond the conventional explanations concerning Roosevelt’s court packing plan. I build on this literature by extending the discussion to the influence that interest groups may have had on the Court. I propose that interest groups served as a supporting and influential audience for the Supreme Court as the justices’ institutional legitimacy became threatened by both the political pressure and legal changes that the Court faced during this era. To test these theoretical assumptions, I compiled a dataset of Supreme Court cases using the U.S. Supreme Court Library Official Reports Database ranging from the beginning of the 1920 Supreme Court term through the end of the 1937 term. Cases were included if 1) the case had one or more filed amicus briefs; and 2) the questions and arguments in the case were based on the Commerce Clause or legislation that relies wholly or in part on the Commerce Clause. Applying a basic logit model, I find support for the assumption that amicus briefs influenced the Court by providing the justices with a supporting audience. To further test the influence of amicus briefs, I compare the arguments and information provided exclusively by amicus briefs in this group of cases to the Supreme Court majority’s opinions to test for similar content. Amicus briefs are considered influential if the Court included information exclusively from an amicus in their majority opinion. I find that in the largest number of cases, amici influenced the Court majority’s opinions in favor of their preferred litigant when they provide unique arguments and information. Consequently, I find moderate support for the influence of interest groups on the Court both externally by providing a supporting audience and internally by providing the Court with supporting information.

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The purpose of this study identifies state court cases involving public school finance specifically related to adequacy and equity in funding. Results address how state court cases have challenged the constitutionality of school finance in the United States, including Texas, over the last 50 years. The study further shows how the decisions from previous cases have influenced the Supreme Court of Texas decision in the Texas Taxpayer & Student Fairness litigation.

Decision, intervention and inaction of an administrative authority and choice of a type of action The topic of the thesis is the analysis of the basic triad of types of actions applied in administrative judiciary, i.e. action against the decision, intervention and inaction of the administrative authority, as well as their blurred boundaries and the problems arising therefrom. The aim of the thesis is to present the given matters comprehensively, therefore it discusses not only the types of actions themselves, but also the administrative judiciary as such, the basic terms distinguishing the individual types of actions and an attempt to present possible solutions eliminating the problems arising from the necessity of choosing the type of action. The thesis consists of an introduction, three chapters and a conclusion. The first chapter is devoted to administrative judiciary and is further divided into six subchapters. The first subchapter is devoted to the basic types of administrative judiciary, on the basis of which the term of administrative judiciary itself is defined in the following text of this subchapter, which is followed by an introduction of the purpose of administrative judiciary in the third subchapter. The fourth subchapter is then devoted to the history of administrative judiciary and...

Literature regarding the Supreme Court's holdings in Establishment Clause cases suggests the Court's jurisprudence has been inconsistent. Because the Court had both upheld and invalidated challenged governmental actions that relate to religious practices or institutions, a broad overview of the Court's holdings in Establishment Clause cases seems to support that notion. But where does the inconsistency lie: in the tests and criteria used by court members or in the holdings themselves? This thesis suggests that when comparing categories and subsets of the Court's holdings in Establishment Clause cases to one another, the jurisprudence is in fact consistent. This thesis demonstrates where the consistency can be identified and measured in the Court's jurisprudence by analyzing the holdings. The thesis employs three models, Strict-Separationism, Non-Preferentialism, and Accommodationism, to create standardized categories of Supreme Court's holdings, as independent as possible of the reasoning, criteria, or tests applied to the case by the Court members. I grouped the cases included in this study into one or more categories based on which model(s) the Court's actual holding matched. Then I compared cases within each category of holdings to one another across variables (such as actual holding and case types) to measure consistency between the cases. I conclude with an examination of the measured consistency and explanation of identified patterns in the Supreme Court's Establishment Clause holdings. The data indicated that the Court's actual holdings matched the same projected holdings consistently when compared to cases with similar variables. / Master of Arts

The framers of the Constitution designed a document to be the "Supreme Law of the Land" and within its pages a branch of government, a federal judiciary, never before envisioned. The Constitution, along with the Federal Judiciary Act of 1789, set the framework for building the strongest branch of government, the Supreme Court. Historical events and court decisions with few exceptions strengthened the power of the judiciary contributing to its authority. The Supreme Court Justices, by interpreting the Constitution and judging the legality of laws instituted by both state and federal legislatures, solidified its superior position in the government hierarchy. An examination of documents, case decisions, and the results of these decisions for the nation add credence to the assertion that of the three branches of government the strongest and most powerful was and is the Supreme Court.

The interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are fairly rare. King and Meernik (1995) identify 347 cases involving the foreign policy powers of the president, decided from 1790 to 1996, which is roughly 1.5 cases per calendar year. This study will examine the influence of attitudinal and extra-attitudinal factors on the individual level decision-making of the U.S. Supreme Court justices in cases involving presidential power. By using both attitudinal and extra-attitudinal factors, such as public opinion and armed conflict, this study will explore the limitations of a simple attitudinal model in complex and highly salient cases such as those that involve presidential power. The cases to be examined will be all presidential power cases decided from 1949 to 2005 (N = 38). The unit of analysis will, however, be the justice's individual-level vote (N = 337).