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Academic literature on the topic 'Mali. Cour suprême'
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Journal articles on the topic "Mali. Cour suprême"
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Bartlett, Francesca, and Heather Douglas. "‘Benchmarking’ a Supreme Court and Federal Court judge in Australia." Oñati Socio-legal Series 8, no. 9 (December 31, 2018): 1355–85. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-0992.
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In this article, we reflect upon the backgrounds and career trajectories of judicial officers currently presiding over the Federal Court and Supreme Courts, which are some of the highest courts, in Australia. We gathered information through publicly available websites in Australia providing official biographical information, and drew on academic efforts to fill in more details about the judiciary. While patchy, the picture today in the Australian judiciary is of a relatively uniform educational and career background – for both male and female judges. Our analysis shows that judges are predominantly recruited from a long career at the private Bar. However, given continued professional barriers to women succeeding in the Australian legal profession which we describe, we argue that it is time to take seriously the stated goals of modern judicial appointment to widen the pool and consider merit that is not solely defined by a benchmark male career. Planteamos una reflexión sobre los orígenes y las trayectorias de las autoridades judiciales que presiden el Tribunal Federal y los Tribunales Supremos, algunas de las instancias judiciales más altas de Australia. Recopilamos información publicada en webs australianas que proporcionan biografías oficiales, y completamos el retrato judicial mediante recursos académicos. Aunque borroso, el retrato actual del mundo judicial australiano muestra un origen educativo y profesional similar para jueces y juezas. Nuestro análisis muestra que jueces y juezas provienen generalmente de una larga carrera profesional en la abogacía. Sin embargo, debido a los constantes obstáculos –los cuales describimos– que deben enfrentar las mujeres para triunfar en la profesión jurídica, argumentamos que ha llegado el momento de abordar seriamente los objetivos establecidos de la designación judicial, para ampliar el grupo y tomar en consideración méritos que no están definidos únicamente por la trayectoria legal masculina.
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Hancock, Bill. "US Supreme Court Confirms ISPs Not Liable in E-mail Messages." Computers & Security 19, no. 4 (April 2000): 310. http://dx.doi.org/10.1016/s0167-4048(00)04016-5.
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Gleason, Shane A. "Beyond Mere Presence: Gender Norms in Oral Arguments at the U.S. Supreme Court." Political Research Quarterly 73, no. 3 (May 4, 2019): 596–608. http://dx.doi.org/10.1177/1065912919847001.
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Women are less successful than their male counterparts at Supreme Court oral arguments under certain circumstances. However, existing work relies on mere presence rather than on any action female attorneys take in their argument. Drawing on recent work that stresses gender is performative, I argue success for women at oral arguments is tied to conformance with gender norms, subtle and unconscious expectations of how men and women should communicate. Via a quantitative textual analysis of the 2004–2016 terms, I find attorneys are more successful when their oral arguments are more consistent with gender norms. Specifically, male attorneys are rewarded for using less emotional language whereas female attorneys are successful when using more emotional language. This study represents a more nuanced and performative understanding of gender at oral arguments. These results raise normative concerns about how effective women are at the Supreme Court.
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Nguyen, Tony. "Why Women Win: Gender and Success in State Supreme Court Elections." American Politics Research 47, no. 3 (July 18, 2018): 582–600. http://dx.doi.org/10.1177/1532673x18788043.
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Although women remain underrepresented in U.S. elective office, female candidates have experienced similar or greater electoral success compared to their male counterparts. Research suggests both selection effects (the uniquely strong characteristics and qualifications of women who run for office) and selective candidacy (the decisions to run or not run for office based on the electoral context) contribute to this phenomenon. I leverage a large data set of candidate characteristics and electoral outcomes in state supreme court elections spanning 1990-2012 to clarify the causal mechanisms behind the electoral success of female candidates. I find that the success of female candidates in state supreme court elections is driven by the most capable women selectively running for open seats. I conclude that this phenomenon may be reflective of a broader gender gap in political ambition, with implications for tactics to improve gender representation in politics.
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McMahon, Adam M. "Unchained Succubus: A Queer New Institutional Analysis of U.S. Supreme Court Nomination Hearings." Politics & Gender 13, no. 04 (October 27, 2017): 683–709. http://dx.doi.org/10.1017/s1743923x17000241.
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Modern Supreme Court nomination hearings are contentious political events, as evidenced by the four held during the 109th and 111th Congresses to confirm John Roberts, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Senators appear to raise suspicion of nominees purposefully through their questioning during Judiciary Committee hearings, connecting the label of “judicial restraint” with candidates who are male, white, straight, and prone to “reason.” Appointees thought to embody the feminine, nonwhite, queer, and emotional practices of “judicial activism” to offer a contrast. This dichotomous construction has made debates during the nomination process destructively reductive. A paradox thus emerges: by ignoring the importance of descriptive representation, the identity of potential justices to the Supreme Court becomes one of the most salient issues during the hearings; subsequently, this has resulted in senators using cues to create a caricature or “straw man” of nominees belonging to one or more minority groups in order to weaken and discredit otherwise qualified jurists and achieve a party “win” against the White House.
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Cameron, Paul, and Kirk Cameron. "Did the American Psychological Association Misrepresent Scientific Material to the Us Supreme Court?" Psychological Reports 63, no. 1 (August 1988): 255–70. http://dx.doi.org/10.2466/pr0.1988.63.1.255.
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On January 31, 1986, the American Psychological Association (APA) filed an amicus curiae brief with the US Supreme Court favoring constitutional protection for consensual sodomy. The APA claimed that: (1) the Bell, Weinberg, and Hammersmith survey found that “62% of heterosexual men reported that their first sexual experience was with another male; 39% of homosexual men reported such experience,” (2) “data do not support” a linkage between childhood homosexual activity and sexual orientation, and (3) “there are no empirical data to support the popular myth that homosexual orientation or behavior results from ‘contagion’ by other homosexuals.” It is judged that, in violation of standards for scientific reporting, the Bell, et al. finding was pulled out of context so that it favored the APA position, and the studies the APA cited in this section of the brief were either contrary to, nonsupportive of, or did not bear upon the APA's contentions. Professional scientific organizations have a special obligation to (a) be accurate in representations to the US Supreme Court and (b) adhere to accepted standards of scholarship in their use of citations.
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Reynolds, Robert J., Scott J. Kush, Steven M. Day, and Pierre Vachon. "Comparative Mortality and Risk Factors for Death among US Supreme Court Justices (1789-2013)." Journal of Insurance Medicine 45, no. 1 (January 1, 2015): 9–16. http://dx.doi.org/10.17849/0743-6661-45.1.9.
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Objectives To compare the mortality experience of 112 justices of the US Supreme Court with that expected in the general population. To identify variables associated with mortality within this cohort. Background Supreme Court justices are a select occupational cohort. High socio-economic status, advanced education, lifetime appointment, and the healthy worker effect suggest lower mortality. Sedentary work, stress, and a tendency to work beyond typical retirement age may attenuate this. Methods Standardized mortality ratios compare the observed mortality rates of justices with those expected in age- and sex-matched contemporary general populations. Poisson regression analyzes variables associated with mortality within the cohort. Results From 1789 to 2013, 112 justices (108 male) contributed 2,355 person-years of exposure. Mean age (standard deviation) at appointment was 53.1 years (6.7); at retirement 69.7 years (9.9); at death (n = 100) 74.4 years (10.3); and at end of the study for those alive (n = 12) 72.1 years (11.8). Standardized mortality ratios (95% ci) were: overall 0.87 (0.70-1.05); prior to 1950 0.92 (0.61-1.33); and from 1950 to 2013 0.66 (0.42-0.99). Variables in the final Poisson model and their associated mortality rate ratios (95% ci) were: age 1.06 (1.03-1.09); calendar year 0.99 (0.99-1.00); active status 0.41 (0.25-0.68); career length 1.04 (1.01-1.07); and chief justice 1.08 (0.59-1.84). Conclusions Supreme Court mortality was lower than that of the general population in the period from 1950 to the present, but was on par prior to 1950. Increasing age and career length were associated with greater mortality, while active status and later calendar year with lower. These results may add to a body of knowledge that may help to develop or refine models of mortality risk in increasingly aged working populations.
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Prieto-Gonzalez, Mayelin. "Supreme Court Limits Permissible Scope of Government’s Ability to Force Medication of Mentally Ill Defendants." Journal of Law, Medicine & Ethics 31, no. 4 (2003): 737–39. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00144.x.
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On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long history of mental illness. He had been hospitalized twice, in 1982 and 1984, after expressing paranoid ideas to law enforcement officials. In May 1997, Sell was charged with fifty-six counts of mail fraud, six counts of Medicaid fraud, and one count of money laundering. He was released on bail after a magistrate determined that he was currently competent to stand trial.
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Fuley, Tetiana. "Discrimination as a consequence of the influence of gender stereotypes on the reasoning of a court decision." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 27–40. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-2.
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The article shows the seriousness of the impact of gender stereotypes on the court’s perception of the position of a party to the trial depending on its sex and age, as well as on the formation of reasons that the court is guided by when evaluating evidence and making decisions. On the example of the decision of the Grand Chamber of the European Court of Human Rights in the case of Carvalho Pinto de Sousa Morais v. Portugal has demonstrated how gender stereotypes can lead to biased and, as a result, discriminatory judgments, which can lead to a breach of the State’s obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. The applicant alleged that the Supreme Administrative Court’s decision to reduce the amount initially awarded to her in respect of nonpecuniary damage had amounted to discrimination on the grounds of sex and age, in breach of Article 14 in conjunction with Article 8 of the Convention. She complained, in particular, about the reasons given by the Supreme Administrative Court for reducing the amount awarded to her and about the fact that it had disregarded the importance of a sex life for her as a woman. The author has underlined that in the present case the Court’s task was not to analyse the actual amounts awarded to the applicant by the Supreme Administrative Court. The issue which has to be determined, however, is whether or not the Supreme Administrative Court’s reasoning led to a difference of treatment of the applicant based on her sex and age, amounting to a breach of Article 14 in conjunction with Article 8. In the Court’s view, the wording of the Supreme Administrative Court’s judgment when reducing the amount of compensation in respect of non-pecuniary damage expressed the assumption that sexuality is not as important for a fifty-year old woman and mother of two children as for someone of a younger age. That assumption reflects a traditional idea of female sexuality as being essentially linked to child-bearing purposes and thus ignores its physical and psychological relevance for the self-fulfillment of women as people. In the Court’s view, those considerations show the prejudices prevailing amongst the judiciary in Portugal, especially compare to approach taken in two Portuguese judgments of 2008 and 2014, which concerned allegations of medical malpractice by two male patients who were fifty-five and fifty-nine years old respectively. The case of Carvalho Pinto de Sousa Morais v Portugal is neither only nor the first case addressing the question of gender discrimination in connection with judgments of the national courts, hoverer, the key one. This case proves that gender stereotypes and outdated perception of gender roles played a significant role in judicial assessment and decision-making which can lead to the gender-based discrimination. Key words: discrimination, sex, age, gender stereotypes, court decision, judgment.
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Gleason, Shane A., Jennifer J. Jones, and Jessica Rae McBean. "The Role of Gender Norms in Judicial Decision-Making at the U.S. Supreme Court: The Case of Male and Female Justices." American Politics Research 47, no. 3 (April 9, 2018): 494–529. http://dx.doi.org/10.1177/1532673x18766466.
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Although still a minority, the growing number of women on both the Bench and at the Bar of the U.S. Supreme Court has important implications for judicial decision-making and successful advocacy at the Court. Research in judicial behavior generally focuses on vote direction and the presence of female attorneys in a case. We offer a more nuanced account of how gender impacts both attorney success and judicial decision-making by drawing on work in social and political psychology and utilizing quantitative textual analysis to explore the tension between masculine norms of behavior that are valued in the legal profession and feminine norms of behavior that are expected of women, but devalued in the legal profession. Based on the Court’s long-standing disdain for emotional arguments, we examine how the emotional content in 601 party briefs shapes the Court’s majority opinions. Our results indicate that male justices evaluate counsel based on their compliance with traditional gender norms—rewarding male counsel for cool, unemotional arguments and rewarding female counsel for emotionally compelling arguments. However, we find no evidence that gender norms shape the opinions of female justices. Given that the justice system is supposed to be “blind,” our results highlight the durability of gendered expectations and raise questions about the objectivity of judicial decision-making.
Books on the topic "Mali. Cour suprême"
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Reflexions sur le rapport portant avant-projet de réformes institutionnelles et administratives au Mali. Bamako, Mali: Éditions Jamana, 2010.
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suprême, Mali (Republic) Cour. Principaux arrêts de la Cour suprême du Mali en matière civile, 1986. [Mali]: République du Mali, Ministère de la justice, Bureau d'études et de législation, 1986.
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Rogers, Donald W. Workers against the City. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043468.001.0001.
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This book contributes to legal and labor history by reinterpreting the U.S. Supreme Court’s Hague v. CIO (1939) decision, which upheld a federal district court injunction prohibiting Jersey City boss Frank Hague from obstructing workers from the Committee for Industrial Organization (CIO) and allies in the American Civil Liberties Union (ACLU) from meeting in urban public places. The case involved speech and assembly freedoms, rights essential for CIO workers’ organizing efforts, but, as the book shows, these rights were submerged under municipal police powers to preserve public order until the court brought them under federal protection of the Fourteenth Amendment in Hague. Revising the conventional view, the book argues that Hague was more than simply a civil liberties victory for workers over a dictatorial, antilabor city boss. Drawing on new evidence in city archives, CIO records, trial transcripts, newspaper reports, and Jersey City court filings, as well as traditional sources in ACLU records and anti-Hague literature, the book demonstrates that the Hague-versus-CIO controversy emanated more from shifts in the labor movement from craft to industrial unionism, in municipal law, in urban police practices, in the politics of anticommunism and antifascism, and especially in the Supreme Court’s “civil liberties revolution.” With women and African Americans on the periphery, the book concludes, male CIO workers initiated the case, but Hague ultimately benefitted outdoor protests more than it benefitted labor speech.
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Brandzel, Amy L. Legal Detours of U.S. Empire. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040030.003.0004.
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This chapter uses Rice v. Cayetano (2000), a Supreme Court case involving a white citizen's challenge to Native Hawaiian representation, as a springboard to explore how race and coloniality are set up as oppositional, anti-intersectional politics. Kanaka Maoli and other indigenous scholars and activists have been quite vocal in critiquing the ways in which the discourse of civil rights and racism serves to obscure and undermine sovereignty claims and critiques of colonialism. The chapter adds to these critiques by demonstrating how the combination of legal and historical discourses sets up a battle between the recognition of racism and the recognition of settler colonialism. It illuminates how discourses of citizenship, law, and history collude to (re)produce the misrecognition and disaggregation of anticolonialist and antiracist endeavors.
Book chapters on the topic "Mali. Cour suprême"
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"Infant Male Circumcision - Finnish Supreme Court Ruling on a Multicultural Legal Protection." In Nordic Health Law in a European Context, 216–27. Brill | Nijhoff, 2011. http://dx.doi.org/10.1163/9789004223813_015.
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Smith, Leslie Dorrough. "Epilogue." In Compromising Positions, 183–214. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190924072.003.0007.
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This chapter examines how the Supreme Court confirmation process of Justice Brett Kavanaugh closely followed a white male heterosexual double standard that is often at the center of political sex scandals, one inspired by the evangelical norms that this book has discussed. Kavanaugh was the 2018 Supreme Court nominee (and current Justice) accused by Dr. Christine Blasey Ford of a sexual assault. The chapter analyzes the Ford/Kavanaugh testimonies in relationship to the Anita Hill/Clarence Thomas case. This comparison highlights the racial and gendered mechanics by which all four characters were judged. While Ford was regarded by many as a credible witness from the standpoint of her demeanor and testimony, the author argues that Kavanaugh was able to draw on a variety of raced and gendered symbols that solidified the support of his political peers, including Donald Trump. In short, Kavanaugh’s demeanor as a white, angry, sexualized adolescent granted him a considerable advantage.
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Tvrdy, Linda A. "Haskins v. Royster and the Liberty to Be Unfree." In Reconsidering Southern Labor History, 96–111. University Press of Florida, 2018. http://dx.doi.org/10.5744/florida/9780813056975.003.0007.
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Slavery was not only a system of oppression. It was a system of labor supported by a thick tapestry of common law principles that had developed over hundreds of years. One of the most important and difficult problems that emancipation presented was how to disentangle laws designed to support a system of slave labor and reconstruct them on the basis of freedom. In the 1874 case Haskins v. Royster, the North Carolina Supreme Court had its first opportunity to articulate the law and policy that would govern labor in the state in the postwar era. Haskins v. Royster presented the North Carolina Supreme Court with the opportunity to reconstruct its law to promote an egalitarian system of labor, one that distributed power and economic advantage more evenly between employers and employees. Instead, the court’s majority opinion resorted to long-standing ideas and practices embedded in local culture to preserve a hierarchical labor system with the propertied, white male continuing to occupy the seat of authority and power.
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Larson, Carlton F. W. "The Winding Path to the Courthouse, 1778." In The Trials of Allegiance, 91–121. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932749.003.0006.
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This chapter begins by summarizing the cases of misprision of treason heard in the county courts. The state government began a controversial attainder policy, a process that led to extensive property confiscations. The court of oyer and terminer, consisting of the three Pennsylvania Supreme Court justices, finally opened. Through grand-jury charges, the justices explained their understanding of treason law. Following the British evacuation of Philadelphia in June 1778, the state government sorted through charges of disloyalty against hundreds of individuals, eventually winnowing them down for trial that fall. The trial of Joseph Malin in Chester County in September 1778 was the first treason case heard by a Pennsylvania court during the Revolution. The defendant was represented by high-quality defense counsel, the court issued moderate rulings, and the jury acquitted the defendant, patterns that would recur in future cases.
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Siomopoulos, Anna. "Embodying the State: Federal Architecture and Masculine Transformation in Hollywood Films of the New Deal Era." In Hollywood and the Great Depression. Edinburgh University Press, 2016. http://dx.doi.org/10.3366/edinburgh/9780748699926.003.0011.
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This chapter analyses how Hollywood focused on recognizable and venerable architectural representations of federal institutions to symbolise the new relationship that had developed between the citizenry and the national government under the aegis of the New Deal. Through case studies of three films respectively featuring the executive, legislative and judicial edifices of the national state – Gabriel over the White House (1933), Mr Smith Goes to Washington (1939), and The Talk of the Town (1942) – become sites of masculine transformations, as the three male protagonists each experience private revelations that help them take on new roles as president, senator and Supreme Court Justice respectively. Though each contains a romantic sub-plot, none of the movies ends with the expected scene of romantic coupling whose trajectory was established in the early scenes. Accordingly the male leads become defined less by private heterosexuality than by public involvement in the Roosveltian state.
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Murphy, Mary-Elizabeth B. "The Women Will Be Factors in the Present Campaign." In Jim Crow Capital, 17–45. University of North Carolina Press, 2018. http://dx.doi.org/10.5149/northcarolina/9781469646725.003.0002.
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This chapter examines black women’s national politics in the 1920s. For years, African American women had been organizing in their churches, mutual benefit associations, the Phyllis Wheatley Young Women’s Christian Association, and clubs. The ratification of the Nineteenth Amendment and pending presidential election in 1920 inspired women to connect their existing alliances with partisan causes. Black women seized on their location in the nation’s capital to advocate on behalf of African Americans living across the country. Black women across the city formed eight, distinctive political organizations, using them as instruments to lobby for economic justice, protest southern disfranchisement, express opinions about Supreme Court nominations, and weight in on which monuments and memorials would grace the national mall. While elite and middle-class women dominated the leadership of most political organizations, the National Association of Wage Earners attracted a working-class membership through its unique recruitment strategies and mission of economic justice.
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Sanchez, Melissa E. "The Shame of Conjugal Sex." In Queer Faith, 113–56. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479871872.003.0004.
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This chapter traces the effects of Pauline and Augustinian soteriology on Protestant views of marriage. The Reformation is conventionally understood as elevating conjugal love above the lifelong celibacy privileged by the Catholic Church. But this redemptive vision of marriage overlooks a key argument of leading reformers like Luther and Calvin: both deemed marriage superior to celibacy not because marriage sanctifies shameful creaturely desires, but because it publicly acknowledges them. This view of marriage as humbling confession of impurity runs counter to the ideals assumed by the US Supreme Court in Obergefell v. Hodges, in which the majority affirmed the constitutional right to marriage equality on the grounds that marriage confers unique dignity. By contrast, Protestant anxiety that nuptial sex shares the excess and indignity of fornication structures the sexual and racial fantasies of Shakespeare’s sonnets and Spenser’s Amoretti and Epithalamion. When Shakespeare’s procreation sonnets cast poetry as a reproductive technology free of the contamination of lust, they valorize not only same-sex desire but also the preservation of specifically “fair”—white—life and culture. Spenser reveals that the ideal of chaste romance generates sadomasochistic fantasies that naturalize white male sexual violence and racialize female innocence.
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Haywood, D'Weston. "A Challenge to Our Manhood." In Let Us Make Men, 135–80. University of North Carolina Press, 2018. http://dx.doi.org/10.5149/northcarolina/9781469643397.003.0005.
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This chapter reinterprets Robert F. Williams as a new kind of black male publisher, who challenged the civil rights establishment and the mainstream black press. Northern black papers had often challenged southern black papers to be as militant as they were, but Williams, a publisher based in the South, accepted this challenge, prompted by escalating racial violence in the South following the Brown vs. Board of Education Supreme Court decision. Lacking the commercial resources of the mainstream black press, Williams used a mimeograph machine to publish The Crusader to address these issues and promote a vision of black manhood rooted in black self-defense against the non-violent strategy promoted by Martin Luther King, Jr. Williams came to believe in “print and practice,” and issued a challenge to mainstream black newspapers to do the same, which helped expose the black press for not being as militant as it had long claimed to be. Many black newspapers now sided with nonviolent activists, elevating Martin Luther King especially, a move that helped usher in the decline of mainstream black newspapers and the rise of radical ones.