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This comparative legal analysis evaluates the issue of terrorism and how it has been dealt with respectively by the United States and Israeli Supreme Courts. Since the events of 9/11, combating terrorism has become one of the primary concerns of the US government while it is a matter that has pervaded Israeli policy since its birth as a nation-state. The analysis is centered on examining how each state‘s Supreme Court has confronted the issue with the Israeli Supreme Court using a ―Business as Usual‖ model and the US taking an ―Emergency Powers‖ approach. It is argued that terrorism is an ongoing issue that cannot be justified as an emergency and the US Court would do better in adopting Israel‘s method of adjudication in these matters. It is also suggested that the US could learn from Israel‘s policy towards torture as the US policy has largely been cruel and unsuccessful.

This comparative legal analysis evaluates the issue of terrorism and how it has been dealt with respectively by the United States and Israeli Supreme Courts. Since the events of 9/11, combating terrorism has become one of the primary concerns of the US government while it is a matter that has pervaded Israeli policy since its birth as a nation-state. The analysis is centered on examining how each state‘s Supreme Court has confronted the issue with the Israeli Supreme Court using a ―Business as Usual‖ model and the US taking an ―Emergency Powers‖ approach. It is argued that terrorism is an ongoing issue that cannot be justified as an emergency and the US Court would do better in adopting Israel‘s method of adjudication in these matters. It is also suggested that the US could learn from Israel‘s policy towards torture as the US policy has largely been cruel and unsuccessful.

Current opinion pieces ask broad questions such as "Is the ICC worth it" while only focusing on a specific aspect of the ICC such as its budget or the work of the Office of the Prosecutor. Given the incredibly complex nature of human rights violations as well as the difficulty in assembling an international regime to deal with them, answering such questions requires a more complete analysis of the Court's functions, dynamics, and predecessors. The background chapter that discussed trends in international judicial organizations leading up to the creation of the ICC examined the Nuremberg International Military Tribunal, the interregnum national commissions, the Spanish Universal Jurisdiction system, the International Criminal Tribunal for the Former Yugoslavia, and the Inter-American Court of Human Rights, addressing key pitfalls that such organizations faced (including victors' justice and unilateralism) while noting how the ICC's policies and structure differed from its predecessors'. The dynamics chapter highlighted eight key elements currently affecting how the Court works– the member states who have ratified the Rome Statute, the Court's ability to apprehend criminals, the international response to ICC actions, how prosecutions may be initiated, the explicit and implicit functions of the Court, its consensus policymaking, the Court's budget and finances, and the role of the United States. With these dynamics in mind, the policy alternatives chapter recommended three actions that could serve to strengthen the ICC's capabilities – increasing its member states, increasing compliance with its warrants through different types of international agreements, and increasing its budget to be able to handle more cases. Following these policy alternatives to their likely outcomes in the policy forecast section, I analyzed how they would affect the ICC's effectiveness, its ability to gain more member states, and the member states themselves. Through this more comprehensive analysis that takes into account the external and internal factors affecting the ICC, this thesis offers realistic ways that the ICC can improve its capabilities and achieve its mission of ending impunity for war criminals.

Although youth crime and young offenders have attracted a significant amount of ongoing research attention and have given rise to a voluminous amount of literature devoted to describing and explaining their existence and providing suggestions for what may be done, much less attention has been paid to the youth court itself and, more specifically, the convictions of young persons over time. Using the Youth Court Survey as a source of longitudinal data, the present study describes the youth court convictions of a birth cohort of Canadian offenders from the time they officially enter the system at age 12 up to their 18th birthdays. The criminal career paradigm is used in the present study to guide the detailed and structured analysis of the key features of these conviction histories by partitioning convictions into four central parameters: prevalence of convictions, individual frequencies, age at first conviction, and patterns of transition (i.e. specialization and versatility). Findings revealed that approximately 23,000 males and 6,000 females—12 percent and 3 percent of the 1979/80 birth cohort, respectively—were convicted of at least one offence in youth court. While the patterns of convictions were found to be similar for both males and females, the prevalence among females rose relatively faster at younger ages and peaked earlier. Findings also indicated that the vast majority of young people who were convicted in a Canadian youth court had a conviction history consisting of only one conviction. However, findings also highlighted the extent to which the phenomenon of a concentration of offending, which has been noted in numerous countries, is present in Canada with a small group of chronic offenders being responsible for a disproportionate amount of court activity. The study also found that the younger an individual was at the time of their first conviction, the more likely they were to accumulate future convictions, and also to receive a conviction for a violent offence. Lastly, findings revealed that the youth court career is characterized by neither complete specialization nor complete versatility, but rather that these two tendencies in offending exist side by side. Overall, the current study provides a more complete picture of the conviction history of this cohort of young offenders than one-time snapshots from individual surveys could allow.

Although youth crime and young offenders have attracted a significant amount of ongoing research attention and have given rise to a voluminous amount of literature devoted to describing and explaining their existence and providing suggestions for what may be done, much less attention has been paid to the youth court itself and, more specifically, the convictions of young persons over time. Using the Youth Court Survey as a source of longitudinal data, the present study describes the youth court convictions of a birth cohort of Canadian offenders from the time they officially enter the system at age 12 up to their 18th birthdays. The criminal career paradigm is used in the present study to guide the detailed and structured analysis of the key features of these conviction histories by partitioning convictions into four central parameters: prevalence of convictions, individual frequencies, age at first conviction, and patterns of transition (i.e. specialization and versatility). Findings revealed that approximately 23,000 males and 6,000 females—12 percent and 3 percent of the 1979/80 birth cohort, respectively—were convicted of at least one offence in youth court. While the patterns of convictions were found to be similar for both males and females, the prevalence among females rose relatively faster at younger ages and peaked earlier. Findings also indicated that the vast majority of young people who were convicted in a Canadian youth court had a conviction history consisting of only one conviction. However, findings also highlighted the extent to which the phenomenon of a concentration of offending, which has been noted in numerous countries, is present in Canada with a small group of chronic offenders being responsible for a disproportionate amount of court activity. The study also found that the younger an individual was at the time of their first conviction, the more likely they were to accumulate future convictions, and also to receive a conviction for a violent offence. Lastly, findings revealed that the youth court career is characterized by neither complete specialization nor complete versatility, but rather that these two tendencies in offending exist side by side. Overall, the current study provides a more complete picture of the conviction history of this cohort of young offenders than one-time snapshots from individual surveys could allow.

This dissertation engages previous research in political science and psychology by arguing for the importance of oral arguments from a communication perspective, examining justices' rhetorical discursive interaction in oral arguments, introducing Sensemaking as a new model of judicial decision making, and discussing the legal and cultural impact of justices' rhetorical discursive interaction in Morse v. Frederick, Kennedy v. Louisiana, and District of Columbia v. Heller. In contrast to the aggregate behavioral models and longitudinal studies conducted by political scientists and psychologists, this study examines these specific cases in order to gauge each justice's individual interaction in oral argument and to determine how certain justices may have controlled the discursive flow of information within oral arguments, which in turn may have influenced the Court's decision making ability. The dissertation begins with an introduction, providing an overview of the development and study of legal rhetoric from the Greeks to present day. A review of prior literature in law, political science, and psychology displays how fields outside of communication view oral arguments and reveals where communication may provide valuable contributions to the study of Supreme Court oral arguments. Theoretical and methodological approaches adopted for the study of oral arguments are discussed. Analysis within the dissertation begins with an overview of the inherent complexity found within oral arguments and applies the previously discussed theoretical and methodological approaches to the case of Morse v. Frederick as a means of determining theoretical and methodological validity. Following analysis of Morse v. Frederick, a second case, Kennedy v. Louisiana is analyzed to determine if similar results will occur. Final consideration is given to a third case, District of Columbia v. Heller, to understand whether justices' behavior may deviate in more socially and politically sensitive cases. The dissertation concludes with suggestions for lawyers and judges based upon this study's findings and makes recommendations to scholars for further areas of research.

English Abstract Tudor court gives support completely to the cultural activities, and court¡¦s members have qualification for musical accomplishment that produced an effect on the whole surroundings. It builds close relations between the development of instrumental ensemble music and ceremonies, entertainment, and the living requirement. Therefore, the thesis intends to study the relationship between the court entertainment at early Tudor and its instrumental ensemble music. The content consists of four chapters, in addition to the introduction. Chapter one is the general discussions about the contemporary polity, economy, society, religion, and cultural context from the end of the fifteenth-century to the early of the sixteenth-century. In the second chapter contains the details of the court entertainment, the third chapter focuses on the thirty-five pieces from Henry ¢À¡¦s Book, which are the absence of text , and the fourth draws a conclusion. From Middle Ages to Renaissance, the situation in England changes from variety aspects such as politics, economy, society, religion, and culture, But it provides a favorable atmosphere with the instrumental ensemble. The music is indispensable to the court environment of the early Tudor. The minstrel¡¦s number and ability represent the status of the employer. Moreover, the instrumental ensemble what musical type is proper for the ceremonies, entertainment, and performance. The thirty-five pieces are considered as embryonic form that pieces for instrument, and differed in length and style. They are classified in three: one is ¡§puzzle canon¡¨, another is ¡§consort¡¨, and the rest is arrangement of the voice or the special technique pieces. Because most of which are simple chord style, it is demonstrated that new noblemen are fond of the pieces. However, the simple style of the early instrumental ensemble music is distinct from the polyphonic style of the consort afterwards. The style¡¦s change attributes to the rising new nobility, the Reformation, the trend of Renaissance thought, the patron of the Royal, and the import of the foreign music, player, and instrument. In a word, the musical phenomenon that is the variety of the style reflects the changes in the society of the Tudor.

Thesis (M. Phil.)--University of Hong Kong, 2001. / Includes bibliographical references (leaves 163-168).

Inaug.-Diss.--Frankfurt am Main. / Vita. Bibliography: p. 7-9.