Thesis--Wisconsin. / Vita. Includes bibliographical references.

There are many facets of impeachment that warrant examination. The impeachment inquiries of individual presidents and federal judges have all been studied in depth, but one aspect of impeachment still remains fundamentally unexplored: Under what circumstances will the House of Representatives vote to impeach a federal judge? This thesis is a systematic, empirical study of the impeachments of federal judges. All 65 impeachment inquiries brought against federal judges over the last 209 years are studied in order to assess a number of factors across every federal judicial impeachment inquiry in order to draw conclusions about the conditions under which federal judges are impeached. I will test six hypotheses and draw conclusions from the results in order to determine if any of these factors help explain why the House of Representatives has voted to impeach some federal judges but not others.

A lay adjudication system that has been the subject of international and domestic reforms democratising criminal justice procedures often reveals a challenging balance amongst the intertwined principles of criminal procedures. In addition, the various stages of lay adjudication procedures, such as its introduction, practice, development, and abolition, have been influenced by political and societal force. Lay adjudicator participation may be an important mechanism for introducing and sustaining the concept of democracy in criminal trial procedures. Whilst the establishment of well-balanced links between international fundamental human rights principles, efficiency and popular justice are significant features in judicial reforms internationally and domestically, the introduction of a lay adjudication procedure can be an appealing addition to judicial reform. A fundamental concern is whether it represents a successful mechanism for democratising criminal procedures. This thesis addresses the issue by examining the 'Saiban-in no Sankasuru Keijisaiban ni kansuru Horitsu', promulgated in 2009, as a result of the 1999 judicial reform in Japan. It does this by firstly setting out evaluative criteria developed through an examination of theoretical perspectives of lay adjudication. It then applies these criteria using quantitative data derived from the Japanese Supreme Court and qualitative data from interviews with former citizen judges and legal professionals who have experience of citizen judge trials. It argues that the introduction and practice of the citizen judge system has been successful. Both procedural and practice tests of the citizen judge system have shown the extent to which citizen judge participation has been accepted and has achieved its targets. The representative and engaging format of the citizen judge system has led to satisfaction and confidence in their duties as citizen judges. However, powerful controls by legal professionals have remained in place throughout the four stages of the citizen judge procedures - the pre-trial arrangement conference process, the selection process of citizen judges, the decision-making process, and the post-trial phrase. Moreover, the controls have supported citizen judges' participation but, at the same time, they could be a direct and indirect impediment to the democratic functions of citizen judges.

Thesis (M.S.)--Taiwan da xue. / Reproduced from typescript with hand written t.p. eContent provider-neutral record in process. Description based on print version record. Bibliography: p. 241-247.

This thesis analyses legal institutions which appear to be developing in a similar way and reveals the significance of historical, legal and cultural backgrounds. ADR processes are perceived and developed as international and necessarily standardized, or simply as culturally neutral institutions. However, this analysis shows that alternative conflict resolution methods remain culturally embedded. This analysis is based on the role of the judge in ADR in France and B.C. The comparative method seemed appropriate to conduct the analysis as it facilitates a focus on cultural influences which reveals differences in the definition of the judge's role in ADR in both jurisdictions. The first chapter examines comparative law - its nature and objectives, as well as the potential pitfalls. Courts have been chosen as the institutions on which to base our research of the cultural element in ADR because they appear to be culturally embedded. The second chapter attempts to trace historical evolution and political factors which shaped the judicial institution in both jurisdictions. The role of the judge in proceedings is analyzed with particular emphasis on the process of judging. The professional education of judges in both jurisdictions is also examined. To frame the analysis two of the roles of judges which have often been used in the literature are used, namely the role of dispute settlement and the role of policy maker. A third chapter outlines the similar development of ADR in France and B.C. and explores the reasons behind this. Finally, a comparison of the intervention by the judge in enforcing settlement agreements, enforcing arbitration agreements and conducting court mediation is made. The analysis relies on the definition of judges' role as defined by the legislator, and the interpretation of that definition by the courts. It is concluded that, while no absolute pattern of the influence of cultural and historical background on the shaping of the role of the judge in ADR can be identified, this influence exists nonetheless. The similarities between, and the perceived unification of ADR institutions are therefore superficial, as ADR is molded through institutions such as judges, influenced at the same time by the cultural identity of the jurisdictions in which they operate.

Thesis--Catholic University of America. / Vita. Includes bibliographical refereces (p. 205-216).

Thesis (Th. M)--Regent College, 1988. / Abstract. Vita. Includes bibliographical references (leaves 99-111).

Thesis (M.S.)--Taiwan da xue. / Reproduced from typescript with hand written t.p. Bibliography: p. 241-247. Also issued in print.

Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Universität Giessen.