The dissertation records changes in the Kano palace landscape between 1500 and 1990. Patriarchal practices that shaped the initial palace layout at vernacular domestic and state levels are outlined. Royal women were secluded and male slaves occupied public household domains, state strongholds. Later increases in eunuchs' and slave women's powers and spaces are also recorded. The demise of slave women's political realms and the rise of an autocratic and militaristic male state structure following the Fulani jihad of 1807 are then detailed. Lastly, the impact of British imperialism on the landscape of male and female slavery is presented. Because male slaves were placed publicly, they were the main receivers and negotiators of colonial change, and their spaces underwent the most forceful change. / Throughout the analyses, landscapes are seen as politically created and communicative material structures. Examination of epistemological relations used in landscape analyses demonstrates important linkages between how field research is structured and relations of power.

This thesis aims to reveal the very considerable extent of the power and influence of the clerk to the justices and court clerks in magistrates' courts, and to assess the nature of the balance achieved by clerks between the demands of the organisation of the courts which they run and their role as the court's lawyer with responsibility for upholding, inter alia, due process norms. The first section of the thesis examines the role of the clerk in the courtroom. After assessing the extent to which the clerk's behaviour is constrained by legal rules, the relationship between clerk and magistrates is examined and the impact of the clerk on the proceedings of the court and the decisions of the magistrates are considered. It is argued that the clerk has a significant effect on the experience of all of those who come into contact with the criminal justice system and to this end the relationship between the clerk and unrepresented defendants, the clerk and the legal profession, the clerk and the police, and the clerk and probation officers and social workers is assessed. The second part of the thesis deals with the role of the clerk outside the courtroom. The influence of the clerk to the justices on the attitudes of magistrates through training is considered, and the impact of the clerk on policy decisions for the court is assessed. The quasi-judicial powers of the clerk are examined and the question of whether there is scope for future extension of the clerk's role is addressed. It is concluded that the role of the clerk is one of the most significant factors in determining the nature of summary justice, that the nature of the clerk's role is ready for re-assessment and that this may be most appropriately achieved by extension of the legal role of the clerk. The clerk does play a real part in protecting due process rights, but in relation to the protection of unrepresented defendants the clerk cannot be as effective as an advocate, and as a result represents a liberal compromise of 'good enough' justice.

A rampant supposition exists that the judicial nominations of females are less successful due to the nominee’s gender (Martinek 2002). It is thus paramount to further investigate empirically whether individual nominee characteristics, such as gender, inhibit the nominee’s possibility of obtaining Senate confirmation. I empirically explore this conjecture in two distinct ways. First, I employ a difference in means test to determine whether women are confirmed to the District Court at a lower rate, on average, than are men. Subsequently, I test the hypothesis using a logistic regression that examines the influence of gender and the interaction of gender and race on the likelihood of confirmation, while controlling for other factors. Aiming to contribute to previous scholarship by providing an updated empirical analysis, I offer an update to Wendy Martinek’s original analysis of judicial confirmations by using the Lower Federal Court Confirmation Database to examine whether the influences of gender, race and their interaction on confirmation dynamics vary by partisan control. Having found the effect that nonwhite women are less likely to be confirmed by a GOP Senate than white males, I examine whether gender and race are the key factors or whether the relationship may instead be driven by ideology. Despite popular belief, the analysis of the data is not supportive of an extensive gender gap and undermines the claim that gender alone is an imperative factor inhibiting women from obtaining a successful confirmation. However, the empirical results are supportive of the hypothesis that racial minority females are less likely to be confirmed by a GOP controlled Senate than their white female and male counterparts.

A tese tem por objeto central a proposta de novas modalidades de antecipação da tutela sem o requisito da urgência. No primeiro capítulo é examinado o conceito de tutela jurisdicional diferenciada, em comparação com a antecipação da tutela. O segundo capítulo cuida da análise das principais técnicas de sumarização do procedimento, para concluir que as principais técnicas nessa seara são informadas por precedentes ou súmulas. O terceiro capítulo aborda o panorama atual da antecipação da tutela e sua comparação com a tutela cautelar, ambas concebidas como medidas pautadas pela sumarização da cognição. O quarto capítulo contém a abordagem das principais técnicas de sumarização da cognição que prescindem do elemento urgência, para concluir que tais técnicas são úteis para tutelar determinado direito material, porém não se adequam como novas modalidades de antecipação da tutela sem o requisito da urgência. No quinto capítulo são definidos os principais fundamentos da antecipação da tutela sem o requisito da urgência. O capítulo sexto desenvolve premissas voltadas a acomodar a possibilidade de antecipação da tutela fundada em precedente ou súmula, partindo da importância de valorizar e uniformizar a aplicação de precedentes. A manutenção de uniformidade de entendimentos sobre a mesma matéria proporciona segurança jurídica, previsibilidade, isonomia e estabilidade ao sistema. Mediante o confronto de técnicas de sumarização do procedimento já existentes e adoção de critério de racionalização de precedentes, é proposta a antecipação da tutela fundada em precedente ou súmula. O capítulo sétimo discorre sobre a cognição sumária exercida quando do exame da antecipação da tutela fundada em precedente ou súmula, devendo os elementos identificadores ser confrontados, ao comparar a súmula ou precedente com o caso concreto, a fim de conceder ou não a antecipação. No capítulo oitavo é comentada a Proposta de Novo CPC, em comparação com as propostas desta tese. / This thesis main objective is to propose new modalities of provisional remedy without urgency requirement. The first chapter examines the concept of differentiated court order, compared to provisional remedy. The second chapter deals with the analysis of the main procedure summarizing techniques, in order to conclude that the main techniques related to this subject are informed by precedents or summulas. The third chapter approaches the overview of the provisional remedy and its comparison with the injunction, both conceived as cognition summarization means. The fourth chapter presents an approach of the main cognition summarization techniques that ignore the urgency element, to conclude that such techniques are useful to protect certain substantive right, but not suitable as new modalities of provisional remedy without urgency requirement. In the fifth chapter are defined the main foundations of provisional remedy without urgency requirement. The sixth chapter develops assumptions to accommodate the possibility of provisional remedy based on precedent or summula, from the value and importance of uniform application of precedent. Maintaining uniformity of understanding on the same subject provides legal certainty, predictability, equality and stability to the system. Upon confrontation of existing summarization techniques and adoption of criteria for precedents rationalization, it is proposed the provisional remedy based on precedent or summula. The seventh chapter discusses the summary cognition exercised when considering the provisional remedy based on precedent or summula, where the designation elements must be confronted by comparing the summula or precedent to the case, in order to grant or not the anticipation. In the eighth chapter is commented the Proposed New CPC, compared with the proposals of this thesis.

The Little Sisters of the Poor v. Burwell, a 2016 landmark religious liberty case, illustrates the ongoing debate between religious non-profit organizations and the government regarding the contraception mandate of the Affordable Care Act. Although the Little Sisters, in part because of their public relations and political advantages, received a relatively favorable outcome at the Supreme Court, their true successes lie on their impact on conservative politics and on the 2016 election. The Little Sisters became a significant component of political and religious leaders’ strategy to reframe the issue.

This dissertation is a comparative analysis of the yeomanry of Forsyth and Hancock counties in Georgia during the ten years prior to the Civil War. The premise argues that definitive characteristics of yeoman culture can only be found in counties that are dominated the yeomanry. Studies that find yeomen in planter dominated counties are defined those yeomen by the institutions that are created by and serve the planter society.

LL.M. (International Law) / The coming into force of the Rome Statute of the ICC (International Criminal Court) created a shift in state attitude in respect of the implementation and enforcement of International Law. In particular, several issues arise concerning the role to be played by states in the context of complementarity between the ICC and national courts. The ICC has jurisdiction over crimes of the most concern to the international community and its power is limited by, amongst others, the complementarity principle as well as the jurisdiction and functioning of national courts. States parties agreed to establish a permanent court which would put an end to impunity and prevent acts of core international crimes, as well as ensure effective prosecution of international crimes. Under the Rome Statute, states parties are obliged to develop measures at the national level in order to enhance international cooperation with the ICC. The complementarity principle encompasses, amongst others, the duty of every State to exercise criminal jurisdiction over international crimes, to enhance the capacity of national jurisdiction and to implement an appropriate national legal system which provides the same level of guarantee in investigating and prosecuting international crimes as the ICC. Both the ICC and national courts have jurisdiction over core crimes and this concurrent jurisdiction causes conflict between both institutions. The complementarity principle is based on the basis that states should maintain primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity. However,these conflicts do not arise with Ad Hoc tribunals, whose Statutes emphasise the supremacy of the international criminal tribunals over national courts. The complementarity principle is based on the basis that states should maintain primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity. The complementarity principle provides that prosecutions of crimes stipulated under the Rome Statute are primarily the task of states and the ICC is the court of last resort.6 This primary competence of national courts and the boundary between the two jurisdictions is given expression in article 17 of the Rome Statute. Prosecutions of core crimes before the ICC are only admissible if, and under condition that, an effective prosecution at the national level is threatened by legal, political and factual obstacles.

Doctor Legum - LLD / The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and willingness to prosecute offenders’ remains in doubt. As a result, in the past decade or so, non-African states have sought to institute proceedings against African leaders accused of perpetrating international customary law crimes. These attempts have taken two distinct formats, the first being the use of Universal Jurisdiction {UJ), and the second being the attempts by the International Criminal Court {ICC) to indict and prosecute African leaders. The African Union {AU) has vehemently opposed both these attempts on the grounds that they are inspired by neo-colonial thinking that is aimed at stifling peace and reconciliation efforts on the continent.Proponents of UJ argue that this principle is fundamental to international justice and the global fight to end impunity for international crimes. UJ allows a state to exercise jurisdiction over crimes committed outside its territory and for which the normal jurisdictional links of nationality and passive personality do not exist. Although the concept of UJ has been part of international law for quite some time, its relevance today has been questioned by national courts and international judicial bodies. Its recent usage by both Belgian and French courts, as well as by international tribunals, such as the ICC, has attracted sharp criticism from many African states. Given that African states constitute the biggest block of signatory states to the Rome Statute, their voice cannot be ignored. Their principal concern is that the ICC is unfairly targeting African leaders for prosecution. The negative sentiment is also evidenced by some African leaders' deliberate refusal to comply with ICC requests or to cooperate in cases where warrants of arrest have been issued against African leaders, such as in the case of the Sudanese President, Omar Al Bashir, and the present prosecution of the Kenyan President, Uhuru Kenyatta and his deputy, William Ruto. Given the aversion shown by African states to ICC prosecution of state leaders, and attempts by some non-African states to resort to UJ in order to try African leaders, the question is whether African states themselves have a solution to the problem of impunity on the continent? The answer might lie, partly, in the age old concept of UJ, where individual African states might be able to exercise jurisdiction over the international crimes of genocide, war crimes and crimes against humanity. It might also lie in the ability and willingness of African states to strengthen the Continent’s own, regional institutions by setting up an African international criminal tribunal, or strengthening an existing one to deal with these issues. It therefore becomes important to assess what the African standpoint on UJ is, as against what the practical realities are. In other words, what continental or regional institutions exist to combat impunity for international crimes: what do states do in fact?

"Public opinion finds its way into the justice system and finally to the decision making platform of the courts through various channels. These include public opinion polls, legislative debates, writings of jurists, social pressures, political situations and referendum on legal issues. Regarding the death penalty, the role of public opinion becomes more debatable because as Kakooza explains, there is a difficulty of addressing death penalty issues as values, national aspirations and conditions of social intercourse vary from society to society. The death penalty touches life, which is the most important of all human rights. It, therefore, remains debatable as to whether it is the courts or the people that may decide the legality of criminal sanctions like the death penalty. Protection of judicial independence conflicts with the need for legitimacy, given that courts are occupied by un-elected judges. While sticking to legalistic and official positions, courts must keep in touch with the public since they need the latter's approval for decisions to be respected and implemented. It is also not clear whether, and if so, to what extent, courts may rely upon public opinion in making decisions, thus the importance of assessing the role it sould play and coming out with a way forward. ... Chapter one comprises the background of the study, statement of the problem, significance of the study, aims and objectives of the study, literature review, methodology and limitations of the study. Chapter two is a discussion of the role public opinion ought to play in court decisions in general, and decisions on the legality of the death penatly in particular. Chapter three is an analysis of the actual influence of public opinion on court decisions on the legality of the death penalty. It also has a comparison of court practice in Uganda and South Africa and includes a critique. Chapter four is a presentation of arguments for and against the role of pulic opinion in court decisions. Chapter five contains conclusions from the research findings and recommendations on how public opinion should be treated in court decisions generally, and the legality of the death penalty in particular." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Raymond A. Atuguba at the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

PhD (African Studies / Centre for African Studies / This study explored the implications of Act 12 of 2012 on the establishment of indigenous languages within the ambit of the Constitution of the Republic of South Africa’s Act 108 of 1996 on the use of English and Afrikaans Languages only in the Vhembe District criminal court proceedings. The establishment of the Indigenous Language Courts for the purpose of using indigenous languages, namely Tshivenda, Xitsonga and Sepedi as languages of court was the main objective of this study. This study investigated (a) whether present legally-recognised methods on the use of English and Afrikaans only in criminal court proceedings give effect to the right to a fair trial and (b) what are the implications of the Use of Official Languages Act on the use of English and Afrikaans only in the Vhembe District multilingual criminal courtrooms. This was accomplished through qualitative methods of data collection and analysis, namely in-depth personal interviews and textual analysis of the literature and case law review on the phenomenon under investigation. The interviews were conducted with samples of seven categories of participants, namely, the accused persons, the convicted persons, the court officials, court interpreters, the DJ & COND Directors, the PanSALB and one University Centre for African Languages i.e. UCT. Through both methods, it was revealed that the legally enforceable methods that prefer the use of English and Afrikaans as languages of the courts and court records over the accused’s indigenous language or their mother-tongue in the entire trial thereby negating their right to a fair trial, are the provisions of the legislation and the Constitution and their application thereof, as well as legal instructions and culture. It was further revealed that this Act implied the elimination of the use of English and Afrikaans and creates opportunity to the accused’s right to use his or her mother-tongue as one of the indigenous languages in the entire trial thereby affording the accused the right to a fair trial. The study found that the two theories as designed and implemented revealed problems on the ground and helped this research to conclude that these legally enforceable methods created the feeling of unfair treatment amongst the users of the indigenous languages in court. It suggested that the three identified indigenous languages be used as languages of court and of court record.