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Relevant bibliographies by topics / Amicus Brief

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Academic literature on the topic 'Amicus Brief'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Amicus Brief"

1

Collins, Paul M. "The Use of Amicus Briefs." Annual Review of Law and Social Science 14, no. 1 (2018): 219–37. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-031248.

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Judicial decisions play an important role in shaping public policy. Recognizing this, interest groups and other entities lobby judges in an attempt to translate their policy preferences into law. One of the primary vehicles for doing so is the amicus curiae brief. Through these legal briefs, amici can attempt to influence judicial outcomes while attending to organizational maintenance concerns. This article examines scholarship on the use of amicus briefs pertaining to five main areas: ( a) why amicus briefs are filed, ( b) who files amicus briefs and in what venues, ( c) the content of amicus

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Umbricht, G. C. "An 'Amicus Curiae Brief' on Amicus Curiae Briefs at the WTO." Journal of International Economic Law 4, no. 4 (2001): 773–94. http://dx.doi.org/10.1093/jiel/4.4.773.

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Woolaver, Hannah, and Sarah Williams. "The Role of the Amicus curiae before International Criminal Tribunals." International Criminal Law Review 6, no. 2 (2006): 151–89. http://dx.doi.org/10.1163/157181206778050697.

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AbstractThe amicus curiae brief has increasingly been used before international criminal tribunals. The practice of accepting or inviting amicus curiae briefs or submissions has been included in the rules of procedure and evidence of the ICTY, the ICTR, the Special Court for Sierra Leone and the International Criminal Court. This article examines the role of amicus curiae before international criminal courts, including: how and when amicus are granted permission to appear; how amicus curiae are used by these international courts; the influence, if any, of amicus briefs on decisions and judgmen

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Lewis, Maria M., and Laura E. Bray. "A Call for Amicus Briefs as a Means to Influence Special Education Policy: Lessons Learned From Endrew F." Journal of Disability Policy Studies 30, no. 3 (2019): 131–37. http://dx.doi.org/10.1177/1044207319835191.

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Given the legal nature of special education, a particularly promising avenue for infusing research into practice is through court cases. Recent work has illuminated the influence of amicus briefs in court decisions. An amicus brief is a nonparty brief submitted by a person, group of people, or organization that provides insight and expertise on issues presented in a case. In this exploratory study, we examined how interest groups, through the amicus brief process, used research in a recent Supreme Court case, Endrew F. v. Douglas County School District. The case focused on a fundamental princi

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Becker Kane, Jenna. "Lobbying Justice(s)? Exploring the Nature of Amici Influence in State Supreme Court Decision Making." State Politics & Policy Quarterly 17, no. 3 (2017): 251–74. http://dx.doi.org/10.1177/1532440017697174.

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Most studies of amicus influence in both federal and state courts assume that the information provided in these briefs is the mechanism through which amici influence court outcomes. However, the question of how individual state supreme court judges respond to this third-party information and whether or not judicial responses are conditioned by differing methods of judicial retention is rarely theorized. Using social-psychological theories of confirmation bias and motivated reasoning, this article investigates how ideological predispositions and electoral institutions structure the responsivene

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SQUATRITO, THERESA. "Amicus Curiae Briefs in the WTO DSM: Good or Bad News for Non-State Actor Involvement?" World Trade Review 17, no. 1 (2017): 65–89. http://dx.doi.org/10.1017/s1474745617000052.

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AbstractSince 1998, non-state actors have had access to submit an ‘amicus curiae’ brief to the WTO DSM. Like other forms of non-state actor involvement in the WTO, amicus curiae access has been controversial. Despite this controversy, non-state actors have made use of this access and submitted amicus curiae briefs. This article asks: What has come of these briefs once they are submitted and what explains how amicus are treated by the DSM? This article empirically maps amici in all disputes from 1998 (after amicus access was first recognized) through 2014, arguing that amicus access is conditio

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Baucom, Ian. "“Amicus Curiae”: The Friend, the Enemy, and the Politics of Love." PMLA/Publications of the Modern Language Association of America 124, no. 5 (2009): 1714–18. http://dx.doi.org/10.1632/pmla.2009.124.5.1714.

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Let me take as my point of departure a question of genre, one raised in the realm of jurisprudence by the amicus brief—that is, the brief of the amicus curiae, or friend of the court: one who is not a party to a case but holds a pressing interest in it. I was drawn to the genre, most immediately, by a reading of the amicus briefs filed in the case of Lakhdar Boumediene et al. v. George W. Bush, which came before the United States Supreme Court on 5 December 2007 and raised the question of whether the detainees held at Guantánamo Bay, Cuba, possessed the habeas corpus rights guaranteed by the U

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CHANG, YEN-CHIANG. "How Does the Amicus Curiae Submission Affect a Tribunal Decision?" Leiden Journal of International Law 30, no. 3 (2017): 647–60. http://dx.doi.org/10.1017/s0922156517000231.

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AbstractIn the South China Sea Arbitration initiated by the Philippines against China, the Chinese (Taiwan) Society of International Law (CSIL) submitted an amicus curiae brief to the Annex VII arbitral tribunal established in accordance with United Nations Convention on the Law of the Sea (UNCLOS). This article first analyzes the definition and legal nature of amicus curiae status, then introduces cases involving amicus curiae in the International Court of Justice (ICJ) and UNCLOS dispute settlement mechanisms. By analyzing relevant statutes and rules of procedure, this article assesses the a

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Vidmar, Neil, Richard O. Lempert, Shari Seidman Diamond, et al. "Amicus brief: Kumho Tire v. Carmichael." Law and Human Behavior 24, no. 4 (2000): 387–400. http://dx.doi.org/10.1023/a:1005588112385.

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Marshall, E. "Amicus Brief Unfriendly to Gene Patents." Science 330, no. 6005 (2010): 746–47. http://dx.doi.org/10.1126/science.330.6005.746-b.

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Dissertations / Theses on the topic "Amicus Brief"

1

Ruthemeyer, Thomas [Verfasser]. "Der amicus curiae brief im Internationalen Investitionsrecht / Thomas Ruthemeyer." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1107605911/34.

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Mohan, Maureen Elizabeth. "Connectedness within Amicus Briefs Filed by Attorneys General: A Social Network Analysis Perspective." OpenSIUC, 2010. https://opensiuc.lib.siu.edu/theses/338.

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Amicus briefs provide information to Supreme Court justices from an outside party and can be influential for this reason. A state, or states, with an interest in a case may file an amicus brief for one party or another appearing in front of the Court. Research has shown that the more states who join on a brief, the more impact it may have with the Justices. If one or a few states has an interest in a case and wants their brief to be considered how do they get other states to join on a brief? If a state has no interest in a case, why would or wouldn't it join with a state who did have an intere

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Young, Ryan Lewis. "The language and rhetoric of affirmative action: a structural topic model analysis of supreme court amicus briefs." Diss., University of Iowa, 2019. https://ir.uiowa.edu/etd/7050.

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Using a structural topic model text analysis approach in a mixed methods framework, these studies seek to better understand the language, rhetoric, and rationales amici curiae employ to defend or deride affirmative action in cases before the Supreme Court. Through a better understanding of the content and framing of these briefs, the next time an affirmative action case is before the court a larger, more articulate, and more united network of advocates from the higher education sector and beyond will be better position to have their voices heard.

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Anderson, Barrett L. "Interest Groups and Supreme Court Commerce Clause Regulation, 1920-1937." DigitalCommons@USU, 2018. https://digitalcommons.usu.edu/etd/7329.

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Did interest groups influence the Supreme Court’s interpretation of federal economic regulatory authority under the Commerce Clause leading up to the Supreme Court’s 1937 reversal? Recent scholarship has begun a renewed study of this tumultuous era seeking alternative explanations for the Court’s behavior beyond the conventional explanations concerning Roosevelt’s court packing plan. I build on this literature by extending the discussion to the influence that interest groups may have had on the Court. I propose that interest groups served as a supporting and influential audience for the Suprem

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Hussain, Anwaar. "Status of non-governmental entities and dispute settlement mechanism of the WTO : an analysis with special reference to amicus brief controversy." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80930.

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A central feature of the World Trade Organization (WTO) is its Dispute Settlement Mechanism (DSM). Access to the DSM is presently limited to member governments; other entities such as NGOs are not eligible to be WTO Members and, consequently, are denied formal participation in the dispute settlement process. However, non-governmental entities have been afforded a limited opportunity to express their views through the submission of amicus briefs in dispute settlement proceedings. There are concerns, in particular on the part of Developing Countries, over the Appellate Body's authority to

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Ferber, Magnus Ulrich. ""Scio multos te amicos habere" : Wissensvermittlung und Wissenssicherung im Späthumanismus am Beispiel des Epistolariums Marx Welsers d. J. (1558 - 1614)." Augsburg Wißner, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3117417&prov=M&dokv̲ar=1&doke̲xt=htm.

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Perkins, Jared D. "Why Be Friends? Amicus Curiae Briefs in State Courts of Last Resort." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc799518/.

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While there has been a substantial body of research on interest group activity in U.S. federal courts, there has been comparatively little analysis of interest group engagement with state courts. Given that state courts adjudicate the vast majority of cases in the American legal system and very few cases are appealed to the Supreme Court, understanding why organized interests participate in these courts is of great importance. The present study analyzes interest group involvement as amicus curiae in all state courts of last resort from 1995-1999 to examine what factors motivate organized inter

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Ferber, Magnus Ulrich. ""Scio multos te amicos habere" Wissensvermittlung und Wissenssicherung im Späthumanismus am Beispiel des Epistolariums Marx Welsers d.J. (1558 - 1614)." Augsburg Wissner, 2004. http://d-nb.info/988916460/04.

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Mikadze, Kirsten. "Uninvited guests: NGOs, «amicus curiae briefs», and the environment in the international investment regime." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121440.

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Environmental regulation is often at the heart of investment treaty arbitration. As the international investment regime, bolstered by the powerful process of investor-state dispute settlement (ISDS), continues to expand into and gain influence in distant corners of domestic environment governance, the pressure points created where the investment regime comes into conflict with environmental regulation have also multiplied. These collisions between the investment regime and the environment have generated public concern. However, the regime has remained seemingly unreceptive to these concerns an

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Van, Den Eynde Laura. "Interpreting Rights Collectively: Comparative Arguments in Public Interest Litigants’ Briefs on Fundamental Rights Issues." Doctoral thesis, Universite Libre de Bruxelles, 2015. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/217681.

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This research explores the role of public interest litigants in the circulation of arguments among courts regarding the interpretation of fundamental rights. Such circulation is often labeled ‘judicial dialogue’. ‘Public interest litigants’ are here defined as entities (individuals or groups) with no direct interest in the case, who use procedural avenues to participate in the litigation. Despite extensive scholarly attention for judicial dialogue, the necessity for more empirical research devoted to the exchanges among jurisdictions had been stressed. Three jurisdictions with different postur

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Books on the topic "Amicus Brief"

1

Simpson, Reagan Wm. The amicus brief: Answering the ten most important questions about amicus practice. 4th ed. American Bar Association, Tort, Trial and Insurance Practice Section, 2015.

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2

Aminah, Siti. Menjadi sahabat keadilan: Panduan menyusun amicus brief. Indonesian Legal Resource Center (ILRC) didukung oleh HiVOS, 2014.

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American Bar Association. Tort and Insurance Practice Section., ed. The amicus brief: How to write it and use it effectively. Tort and Insurance Practice Section, American Bar Association, 1998.

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4

R, Vasaly Mary, and American Bar Association. Tort Trial and Insurance Practice Section., eds. The amicus brief: How to write it and use it effectively. 3rd ed. Tort Trial and Insurance Practice Section, American Bar Association, 2010.

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R, Vasaly Mary, and American Bar Association. Tort and Insurance Practice Section., eds. The amicus brief: How to be a good friend of the court. 2nd ed. ABA, Tort Trial and Insurance Practice Section, 2004.

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6

), International Commission of Jurists (1952. Argentina: Amicus Curiae brief on the incompatibility with international law of the full stop and due obedience Laws. International Commission of Jurists, 2001.

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7

Yamamoto, Eric K. In the Shadow of Korematsu. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190878955.003.0009.

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This chapter paints the arc of Fred Korematsu’s World War II resistance and legal challenge through his 1980s coram nobis case reopening and the 1988 Civil Liberties Act’s apology and reparations. It extends the arc over 9/11 controversies through Korematsu’s amicus brief in the Rasul Guantanamo Bay indefinite detention case and the Korematsu, Hirabayashi, and Yasui families’ brief in support of journalists’ efforts to stop threats of incarceration for protected speech and association activities in the Hedges case. The insights shared and prescriptions advanced in those friend-of-the-court bri

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Jeffery, Commission, and Moloo Rahim. 7 Evidentiary Issues. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0007.

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This chapter examines evidentiary issues that arise in investment arbitrations. It first reviews the basic procedures through which the evidentiary record is generally established in international arbitrations before discussing the procedural rules that usually apply in investment arbitration cases. In particular, it considers both the mandatory law and the specific rules that parties are likely to select as applying to an investment dispute. It then explains how tribunals in investment arbitrations have approached key evidentiary issues differently than tribunals in commercial cases, paying a

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Marceau, Gabrielle. Practical suggestions for amicus curiae briefs before WTO adjucating bodies. 2001.

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Ostade, Ingrid Tieken-Boon van. The King’s English by Kingsley Amis. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808206.003.0004.

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The famous English novelist Kingsley Amis also wrote a usage guide, called The King’s English, published posthumously in 1997. This title refers to his illustrious predecessor Henry Fowler, who is frequently quoted in the book and even has an entry of his own—unusual for the genre. In this chapter I will argue that Amis’s The King’s English is not a typical usage guide. Though it does offer language advice, most of the entries read like brief linguistic—often humorous—narratives rather than typical usage items. His section on Americanisms, is an example of this; and he also published instances

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Book chapters on the topic "Amicus Brief"

1

Levesque, Roger J. R. "Amicus Brief." In Encyclopedia of Adolescence. Springer New York, 2011. http://dx.doi.org/10.1007/978-1-4419-1695-2_662.

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Levesque, Roger J. R. "Amicus Brief." In Encyclopedia of Adolescence. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-33228-4_662.

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Levesque, Roger J. R. "Amicus Brief." In Encyclopedia of Adolescence. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-32132-5_662-2.

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Zelechoski, Amanda D., Melinda Wolbransky, and Christina L. Riggs Romaine. "May it please the court: Amicus curiae brief." In Activities for teaching psychology and law: A guide for instructors. American Psychological Association, 2018. http://dx.doi.org/10.1037/0000080-017.

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Williams, Sarah. "Hybrid Courts and Amicus Curiae Briefing." In The President on Trial. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858621.003.0039.

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This chapter studies the amicus curiae brief drafted for the Extraordinary African Chambers (EAC) regarding sexual violence in order to theorize the appropriate role of such briefing in enabling silenced voices to participate in international criminal tribunals. The term amicus curiae means literally ‘friend of the court’ in Latin. The concept enables actors who are not a party to proceedings (third parties) to provide information that is relevant, but which may not otherwise be brought before the court. Submissions by amicus curiae have influenced the process and judicial outcomes of international and hybrid criminal tribunals, including the International Criminal Court (ICC). This was evident at the EAC. Several international criminal law practitioners and academics submitted an amicus brief to the Chambers highlighting the need to include crimes of sexual and gender-based violence in the charges to be considered by the Chambers (the SGBV brief). The chapter then explores how civil society actors have used amicus curiae briefs to highlight the experiences and needs of women and girls affected by conflict and failures by tribunals to investigate and prosecute sexual violence in other international criminal tribunals.

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"2. Kapitel: Rechtsrahmen für schriftliche amicus curiae Eingaben." In Der amicus curiae brief im Internationalen Investitionsrecht. Nomos, 2014. http://dx.doi.org/10.5771/9783845258249_63.

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"Titelei/Inhaltsverzeichnis." In Der amicus curiae brief im Internationalen Investitionsrecht. Nomos, 2014. http://dx.doi.org/10.5771/9783845258249_1.

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"Abkürzungsverzeichnis." In Der amicus curiae brief im Internationalen Investitionsrecht. Nomos, 2014. http://dx.doi.org/10.5771/9783845258249_15.

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"Einleitung." In Der amicus curiae brief im Internationalen Investitionsrecht. Nomos, 2014. http://dx.doi.org/10.5771/9783845258249_18.

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"3. Kapitel: Optimierung der investitionsrechtlichen Rechtslage." In Der amicus curiae brief im Internationalen Investitionsrecht. Nomos, 2014. http://dx.doi.org/10.5771/9783845258249_231.

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