Judicial Indifference
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Judicial Voting Behavior And The Deliberate Indifference Standard
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Author : Viviane Krug
language : en
Publisher:
Release Date : 2022
Judicial Voting Behavior And The Deliberate Indifference Standard written by Viviane Krug and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This research analyzes the U.S. Court of Appeals' and the U.S. Supreme Court's voting behavior in decisions regarding the Deliberate Indifference Standard. Building two regressions, one for the Court of Appeals and one for the Supreme Court, including variables such as public mood, judicial ideology, presidential ideology, median Supreme Court ideology, median House ideology, and median Senate ideology, I was able to explain what factors affect judicial voting behavior in deliberate indifference cases. I found that, in the Court of Appeals model, judicial ideology, median Supreme Court ideology, and median Senate ideology were significant in predicting the direction of the case outcome. However, public mood, presidential ideology, and median House ideology were not significant in this model. I also found that, in the Supreme Court model, only judicial ideology was significant in predicting these cases. Public mood, presidential ideology, median House ideology, nor median Senate ideology were significant with the Supreme Court. My original dataset provides researchers a method for analyzing case outcomes of deliberate indifference. My research also opens up quantitative conversation regarding the Deliberate Indifference Standard and why judges/justices vote the way they do in these cases.
Losing Twice
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Author : Emily M. Calhoun
language : en
Publisher: Oxford University Press
Release Date : 2011-04-06
Losing Twice written by Emily M. Calhoun and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-06 with Law categories.
Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.
Courts On Courts
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Author : Paul B. Stephan
language : en
Publisher:
Release Date : 2013
Courts On Courts written by Paul B. Stephan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This paper explores the dynamics of international judicial interactions in civil cases. It proposes a positive model of court-on-court encounters based on contract theory. It argues that this model provides a superior account of these interactions compared to the prevailing account. The dialogue model developed by international relations specialists and international lawyers posits transnational judicial networks that engage judges in a constitutive and constructive project of building the global rule of law. The paper demonstrates that this model does not capture contemporary judicial practice, rests on outmodes historical judgments, and is normatively problematic. Contract theory not only explains contemporary judicial practice, but also is normatively attractive as a basis for international and transnational judicial interactions.
Legislative And Judicial Indifference Towards The Neglected Wife And Children
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Author : Devinder Raheja
language : en
Publisher:
Release Date : 1995
Legislative And Judicial Indifference Towards The Neglected Wife And Children written by Devinder Raheja and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with categories.
Proportionality In Law
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Author : David Duarte
language : en
Publisher: Springer
Release Date : 2018-07-30
Proportionality In Law written by David Duarte and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-30 with Law categories.
This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Judicial Indifference
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Author : Cheyanna Jaffke
language : en
Publisher:
Release Date : 2012
Judicial Indifference written by Cheyanna Jaffke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Even though Congress created the Indian Child Welfare Act (ICWA) over thirty years ago to preserve the relationship between tribes and their members, courts created, and some continue to use, the “existing Indian family” exception to avoid application of the ICWA to children and/or parents that the courts do not believe are Indian-enough for the ICWA. The continued use of the “existing Indian family” exception shows that there is either judicial laziness, indifference, or intolerance fueling the application of the “existing Indian family” exception and blemishes those states that choose to continue to apply it. This article first discusses the need for the ICWA after a long period between the 1800s and the 1970s wherein United States policy was to attempt to assimilate American Indian children by removing 25-35% of all American Indian children from their American Indian homes and tribes and place them with non-American Indian families. Next, the article sets forth the pertinent provisions and application of the ICWA and argues that the ICWA is still necessary because courts are seeking to remove American Indian children from their homes and place them with non-American Indian families. The article next sets forth the “existing Indian family” exception, phoenix-like birth, death, and subsequent resurrection into United States law. This article discusses the need to reject the “existing Indian family” exception because it ignores the plain language of the ICWA, perpetuates stereotypes and the assimilation of American Indians, ignores tribal interests, and provides inconsistency in the application of the ICWA. The author concludes by suggesting that Congress hinder the “existing Indian family” exception by passing legislation amending ICWA section 1903.
Depraved Indifference
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Author : Robert K. Tanenbaum
language : en
Publisher: Open Road Media
Release Date : 2010-12-28
Depraved Indifference written by Robert K. Tanenbaum and has been published by Open Road Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-28 with Fiction categories.
A prosecutor defies the FBI, CIA, and Mafia to bring terrorists to justice in this thriller from the New York Times–bestselling author of Justice Denied. After hijacking a flight to Milwaukee, a group of Croatian terrorists inform the FBI of bombs they’ve planted across the country. If their demands are not met, the bombs will explode. The plan goes perfectly until one of the weapons goes off in the Bronx, killing a police officer—in assistant district attorney Butch Karp’s jurisdiction. Prosecuting a few terrorist cop killers should be a slam-dunk, but Karp and his assistant, Marlene Ciampi, are getting resistance from unexpected quarters—including the NYPD itself. The Archdiocese of New York hires a top lawyer to defend the accused. And when the FBI, CIA, and Miami Mafia team up to undermine the case, it’s clear these Croatians are no ordinary terrorists. As Karp and Ciampi uncover powerful ties, and secrets that reach from anticommunist Cuba to Nazi war crimes, they realize their fight for justice has become a fight for their lives. From the New York Times–bestselling author and former Manhattan assistant district attorney, Depraved Indifference is an insider’s “damning indictment of our court system and an entertaining exposé of the DA's office” (Publishers Weekly). This ebook features an illustrated biography of Robert K. Tanenbaum including rare photos from the author’s personal collection.
The National Environmental Policy Act
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Author : Matthew J. Ph. D. Lindstrom
language : en
Publisher: Texas A&M University Press
Release Date : 2008-04-11
The National Environmental Policy Act written by Matthew J. Ph. D. Lindstrom and has been published by Texas A&M University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-11 with Law categories.
Environmental degradation and the compromised integrity of the earth's ecological system were growing public concerns in the mid to late 1960s. These issues spurred Congress to pass the National Environmental Policy Act of 1969 (NEPA), the first law to focus such environmental concerns into a comprehensive national policy. The new legislation encompassed an array of environmental values and ethics, as well as administrative tools to achieve the ecological goals of the nation while taking into account other important societal needs. Though NEPA has had a positive effect on U.S. environmental policy and the national quality of life, this challenging new book shows how federal courts and agencies have failed to implement many of the values and goals fundamental to the success of NEPA. To explain this divergence, authors Matthew J. Lindstrom and Zachary A. Smith examine NEPA's origins, address how NEPA has been implemented and enforced, and highlight the shortcomings of its practice. Lindstrom and Smith strongly argue that if NEPA were fully and properly implemented, it would prove to be a valuable and realistic tool for balancing the needs of the world population and the protection of the earth's environment. They offer a new, hopeful look at how the law's structure can be properly utilized in order to give future generations hope of living on a sustainable planet. This book is well suited for audiences interested in public policy formation and implementation, especially environmental policy administrators, environmental historians, and those involved in environmental law, its policy, and its politics.
The Legal Lion Of The Commonwealth
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Author : Eusoffe Abdoolcader (Tan Sri)
language : en
Publisher:
Release Date : 2017
The Legal Lion Of The Commonwealth written by Eusoffe Abdoolcader (Tan Sri) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Courts categories.
Politics Justice The Rule Of Law
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Author : Nihal Sri Ameresekere
language : en
Publisher: AuthorHouse
Release Date : 2013
Politics Justice The Rule Of Law written by Nihal Sri Ameresekere and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.
This is the most controversial Book, containing complex shocking revelations, in the series of Books by the Author, wherein most difficult topics are excellently and diligently dealt with, exposing realities in politics, and non-dispensation of justice, with judiciary acting sans jurisdiction, ultra-vires the Constitution, denying natural justice, making a mockery of the `rule of law', paying scant regard to United Nations Conventions on Human Rights. The range of cases and topics dealt with is indeed amazing making exhorbing reading. Commencing with his own exposure to politics, paying high tribute to minority Tamils in Sri Lanka, the Author brings out stunning prevalent reality. Makes startling disclosures on Sri Lanka's most controversial Presidential Election of 2010, and incarceration, as a villain, a Presidential Candidate, a trusted Army General, once hailed, as the `best Army General in Asia', having led the country's armed forces to crush one of the most feared terrorists organizations, internationally banned, Liberation Tigers of Tamil Elam. The most difficult and delicate subject of `judicial bias and disqualification' at highest levels of the judiciary is dealt with, including the controversy which reverberated on the endeavour by the Legislature to impeach a Chief Justice, whose husband, having held high profile political office, was impleaded in a dubious share scandal, involving the country's leading Savings Bank. Author incisively delves into an important case of abduction of a Tamil businessman, and the horrendous anonymous allegations of trading in human body parts, during the war against the terrorists, allegedly with Indian and Israeli connections. Author analyses real case studies, involving foreign investments, demonstrating classic instances of dubious judicial processes, including subversion of action, vis-à-vis, fabricated forged documents of public officers tendered to Court, involving questionable professional conduct, and indifference by law enforcement authorities, including Attorney General, Chief Law Officer of the State.