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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.
61

Prigg v. Pennsylvania and the Rising Sectional Tension of the 1840s

January 2010 (has links)
abstract: This thesis looks at the 1842 Supreme Court ruling of Prigg v. Pennsylvania, the events leading up to this case, and the subsequent legislative fallout from the decision. The Supreme Court rendered this ruling in an effort to clear up confusion regarding the conflict between state and federal law with regard to fugitive slave recovery. Instead, the ambiguities contained within the ruling further complicated the issue of fugitive slave recovery. This complication commenced when certain state legislatures exploited an inadvertent loophole contained in the ruling. Thus, instead of mollifying sectional tension by generating a clear and concise process of fugitive slave recovery, the Supreme Court exacerbated sectional tension. Through an analysis of newspapers, journals, laws and other contemporary sources, this thesis demonstrates that Prigg v. Pennsylvania and the subsequent legislative reactions garnered much attention. Through a review of secondary literature covering this period, a lack of demonstrable coverage of this court case emerges, which shows that scant coverage has been paid to this important episode in antebellum America. Additionally, the lack of attention paid to this court case ignores a critical episode of rising sectional tension during the 1840s. / Dissertation/Thesis / M.A. History 2010
62

"Blind to Certain Truths": Social Movement Narratives, The Supreme Court, and Cultural Change

Maddox, Gregory 01 May 2012 (has links)
Stories abound within our culture, and rarely are stories bestowed more legitimacy than within the courts. Social "facts" might be established within the legal forum, but nonetheless connect to everyday life. Research in social movements and judicial politics is thus becoming increasingly useful as social movement organizations increasingly compete before the Court to effect cultural change through the reification of their stories. Lesbian, gay and bisexuals form one group of storytellers whose "collective stories" are told. It is this set of stories that this paper investigates, following the "narrative turn" in sociology to analyze LGB social movement narratives in the empirical setting of the Supreme Court. I present the findings of my content analysis of the amicus curiae, or "friend of the Court," briefs and Court opinions in the Bowers v. Hardwick and Lawrence and Garner v. Texas cases, two of the most significant LGB rights cases, covering a span of nearly twenty years. Despite virtually identical casefacts, the Court handed down differing decisions, first ruling against the social movement before later reversing its decision. This research assesses how the narrative voices in the cases changed within the discourse of the Court, and how these collective narratives resonated within a changing culture. First, I assess how LGB social movement organizations, their allies, and countermovement organizations changed their framings and frame alignment processes, how they changed their emotions work and rhetoric, and how these changes were evidence of organizations' identity work processes during the interim between cases. Next, I assess changes in framings and frame alignment processes and emotions work and rhetoric within the opinions handed down by the Court. This serves two purposes: it allows for a comparison of organizational frame resonance with the Court, and also allows analysis of the decisions' resonance within the larger culture. Analysis is also made of the symbolic meanings found within the opinions of the Court in both cases. This analysis shows that LGB social movement and countermovement organizations operate within a cultural code of sexuality. Narratives are useful in observing how norms within this cultural code are enforced, strengthened, or changed by negotiation and legitimization before the Court. Consequently, this research contributes not only to our understandings of cultural change, but also to social movement theory, especially of identity work processes, to the field of social psychology, to the sociology of sexualities, and to the sociology of emotions and emotions work.
63

States on the Federal Stage: The Amicus Curiae Role of State Attorneys General

Gleason, Shane A. 01 May 2014 (has links)
The past several decades have witnessed a remarkable increase in the number of amicus curiae briefs filed at the U.S. Supreme Court. While scholars debate the effectiveness of amicus curiae briefs, they generally agree on the effectiveness of briefs filed by executive attorneys. A plethora of studies address the amicus curiae brief activity of the solicitor general, but relatively few examine state attorneys general. State attorneys general are the legal representatives of the states and have become increasingly successful as amici since the early 1980s. I explore state attorney general amicus curiae brief activity and argue that existing theories of amicus curiae participation by the solicitor general and interest groups, are inadequate for state attorneys general because of the unique institutional context in which state attorneys general operate. State attorneys general, I argue, must balance political, legal, and administrative factors when filing amicus curiae briefs. I also recognizes that amicus curiae briefs are not a singular event and are instead a process in which actors make several decisions across a variety of contexts. Within each context each factor takes on a different weight. I conclude state attorneys general are strategic political actors who consider political, legal, and administrative factors in their amicus curiae briefs.
64

How Gender Stereotypes Influence the Impact of State Supreme Court Advertisements

January 2017 (has links)
abstract: I examine how gender stereotypes influence the campaign advertisements utilized by candidates for state supreme court and how these gender stereotypes influence how voters react to these advertisements. Gender stereotypes have been found to have a profound impact in races for other offices (e.g., legislative, executive), but there is a lack of research on the role of gender stereotypes in state court elections. In my present research, I first conduct a content analysis of state supreme court advertisements over the course of four election years, looking specifically at how the candidates describe themselves in their advertisements. Based on these findings, I create advertisement scripts where I vary the gender of the candidate and the type of message employed by the candidate in order to test how the gender of the candidate and the content of the messages influences voter impressions of judicial candidates. In a second experiment, I create video advertisements based on these scripts and test how the video advertisements, as well as the candidate’s gender, affect impressions of these candidates. My analyses indicate that not only gender stereotypes play a role in the way judicial candidates create their advertisements, but they also impact the way voters form opinions about candidates running in judicial races. / Dissertation/Thesis / Masters Thesis Political Science 2017
65

Libation in African Christian Theology: a critical comparison of the views of Kwasi Sarpong, Kwesi Dickson, John Pobee and Kwame Bediako

Agyarko, Robert Owusu January 2005 (has links)
Magister Philosophiae - MPhil / The issue of libation poses an important challenge to Christianity in Africa and, more specifically, among the Akan people in Ghana. Libation is traditionally a key ritual for the Akan as an ethnic group. However, the European missionaries who operated in West Africa condemned this ritual as idolatrous. Following the emergence of African Christian theology, especially within the Ghanaian context, various African theologians have contributed to a more systematic discussion of such libation practices. This thesis entails a critical comparison of the views of four Akan (in Ghana) theologians on Christian participation in libation practices. On this basis, the research problem in this thesis is stated in the following way: ―What are the points of divergence that lie beneath the different positions of Kwesi Sarpong, Kwesi Dickson, John Pobee and Kwame Bediako on the question of whether and in what forms Christian participation in libation practices in an Akan context in Ghana may be regarded as compatible with the Christian faith? This thesis describes analyses, compares and assesses the cultural and theological presuppositions of the views of these four Akan Ghanaian theologians on Christian participation in libation rituals. It shows how the views of these four theologians on libation are influenced by their views on the tatus which is attributed, both in Akan culture and in contemporary Christianity in Ghana, to abosom (lesser divinities) and nsamamfo (ancestors) in relation to Onyame (Supreme Being). The purpose of this thesis is therefore to clarify the cultural and theological assumptions underlying current debates on the observance of libation rituals by Christians in Ghana. The task is a description of the views of Sarpong, Dickson, Pobee and Bediako on the compatibility of Christian participation in libation practices in an Akan context with the Christian faith - just as they themselves understand its content and significance. In this thesis I approached the debate on libation in African Christian theology in two ways, namely following a direct and a thematic approach. In the direct approach the focus is explicitly on libation as a topic either in the context of African traditional religion and culture by itself or in its encounter with Christianity. In the thematic approach the focus is on libation within the context of its wider religious (with reference to God, the lesser divinities and ancestors) and cultural (the relationship between Christianity and African culture) contexts. The research indicates that the point of divergence amongst the four theologians mentioned above is almost always related to the invocation and petition of the lesser divinities and the ancestors. In addition to these major theological issues, "ecclesiastical sanctions" also forms a major determining factor that influences the positions of these; theologians. On their respective views, Sarpong asserts that libation in its present form is not incompatible with the Christian faith. By contrast, Bediako maintains that libation as is presently practiced among the Akan is not compatible with the Christian faith neither can it be adapted into the Christian faith. On the other hand, Dickson and Pobee maintain that libation rituals are not compatible with the Christian faith, but that it can be adopted and adapted into the Christian faith if the content of the accompanying prayer is made in consonance with Christian theology. The thesis is comprised of eight chapters and a postscript. In the postscript, I offer some personal views and argue that libation has to be adapted before it can be compatible with the Christian faith. I suggest that libation should be made only to God and to the ancestors. Petitions during libation rituals should be made only to God, while the presence of the ancestors should be recognized in a "symbolic manner" by an invitation to join the living human beings to make such petitions. / South Africa
66

An administrative history of the Supreme Court of British Columbia with particular reference to the Vancouver registry : its civil records, their composition, and their selection for preservation

McColl, Daisy January 1986 (has links)
Legal history is social history, family history, women's history, economic history, business history, and constitutional history; in fact it is a growth industry. Records from the civil division of the British Columbia Supreme Court furnish the best possible primary sources, the evidence for local studies in these fields. This thesis is put forward as a practical guide both for scholars who wish to search records from the Vancouver Supreme Court Registry and for archivists who need a conceptual framework for appraising civil court records. It traces the origins and common law traditions of the court, describes court administration and the rules for civil procedure, tabulates the kinds of record kept by the civil division, and works out for archivists a practical means of selection. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate
67

Unequal checks: a systematic analysis of elite political reaction to Supreme Court decisions

Alexander, Christopher Reed 17 October 2020 (has links)
The interactions, often clashes, between our branches of government are some of the most salient and important features of the U.S democratic system. The Supreme Court, given its unique position within this system, finds itself at the center of many of these clashes. While considerable literature in American political science dedicates itself to the study of the interactions between the Supreme Court and other political elites, we remain without a complete understanding of how political elites interact with the Court. Specifically, we fall short in our understanding of how political elites, both liberal and conservative, react following Supreme Court decisions governing their policy interests. This study intends to bridge this gap in knowledge. By studying the reactions of political elites following 8 specifically chosen Supreme Court decisions, via an extensive content search using an expansive newspaper database, this paper identifies an asymmetry in the actions taken by liberal and conservative political elites.
68

An Analysis of Cross-Ideological Expectation Voting on the United States Supreme Court, 2000-2017

Saulsbury, Sarah 01 May 2020 (has links)
Contrasted with the other branches of government, the Supreme Court has long been an institution posing a level of secretiveness equal to its power. Naturally, that has developed a desire, and maybe necessity, to gain a better understanding regarding the principal influences of judicial decision making on America’s highest Court. One phenomenon that has long been of interest to Court observers is the notion of the justice’s voting across established ideological lines. Previous attempts to explain and reconcile cross-ideological votes have focused on the influence of external actors on the Court, its legitimacy, public opinion, and dynamics between justices. Yet, there remains a need to scrutinize the types of cases most likely to produce cross-ideological votes among justices in order to offer explanatory factors as to when a particular cross-ideological vote occurs. Often ignored in the quest to ascertain factors influencing particular justices and the Court as a whole, is the need for a study of case topics and the ability of these topics to correlate to an unexpected vote by a justice. In this thesis, I analyze which legal issues embedded within Supreme Court cases are most likely to produce cross-ideological votes among justices. I then propose a theory for predicting what issue areas are most likely to produce cross-ideological votes among Supreme Court justices in the future. In this research, I find that the issue area of criminal procedure correlates to the largest number of cross-ideological votes by Supreme Court members. Interestingly, I also find that conservative and liberal justices are equally inconsistent in voting concerning criminal procedure cases.
69

The Appointment of Hugo L. Black to the Supreme Court in 1937

Sabatine, Onofrio B. January 1958 (has links)
No description available.
70

The Appointment of Hugo L. Black to the Supreme Court in 1937

Sabatine, Onofrio B. January 1958 (has links)
No description available.

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