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Dissertations / Theses on the topic 'Supreme Court of the US'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Bundzen, Anna. "The United States Supreme Court and the European Court of Justice : A Comparative Study of Compliance." Thesis, Örebro universitet, Akademin för juridik, psykologi och socialt arbete, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-20655.

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This paper comparatively compares compliance to the rulings of the United States Supreme Court and the ECJ by the state/member state courts. Besides comparing the compliance to the two courts judgements, the paper also tries to establish how to increase compliance with these rulings in the future. This is done because compliance is an important aspect of a functioning judicial system, and a comparison might reveal solutions from one side that could be utilized on the other. The main resources used in this book are: articles, books, webpages and statistics on the subject. The main focus lies on the legal approach, but as a comparative study, elements of political science have been used as well. The results of the comparison show that although statistical compliance is quite high, the actual compliance might be lower due to lack of knowledge or political divisions. Increasing the actual compliance is then a good strategy to be sure that lower courts follow the rulings correctly. The conclusion of this paper is that political and policy divisions in a country, or between an organization and its members results in non- compliance. Reducing this kind of friction will help increase compliance to decisions, not only statistically but also in practice, as the lower courts will feel more comfortable with the rulings. An increase of knowledge of the subject, and the development of efficient judicial mechanisms in a state will also help assure correct interpretation of the rulings.

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2

Winters, Kathleen H. "Motivations for the Use of Concurring Opinions on the U.S. Supreme Court." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306777128.

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3

Hauser, Astrid. "Der Europäische Gerichtshof und der US Supreme Court eine vergleichende Analyse ausgewählter Aspekte." Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2007. http://d-nb.info/986335142/04.

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4

Hoff, Stefanie von. "Die Rolle des US-Supreme Court im Prozess der Verfassungsänderung in den Vereinigten Staaten von Amerika." Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2007. http://d-nb.info/986185817/04.

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5

Dregger, Sebastian [Verfasser]. "Die Verfassungsinterpretation am US-Supreme Court : Begründungen und politische Ausrichtung zwischen "Originalism" und "Living Constitution" / Sebastian Dregger." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1192101715/34.

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6

Hübener, Fabian [Verfasser]. "Vertikale Mindestpreisbindungen im US- und EU-Recht : Die Auswirkungen des Leegin-Urteils des U.S. Supreme Court / Fabian Hübener." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2016. http://d-nb.info/1106337859/34.

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7

Tober, Tessia [Verfasser]. "Das Bundesverfassungsgericht und der US Supreme Court zur Sicherungsverwahrung gefährlicher, strafrechtlich verantwortlicher Straftäter. : Eine rechtsvergleichende Untersuchung. / Tessia Tober." Berlin : Duncker & Humblot, 2019. http://d-nb.info/1238442641/34.

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8

Abel, Alexander [Verfasser]. "Der Alien Tort Statute nach der Entscheidung des US-Supreme Court in der Sache Sosa v. Alvarez-Machain : Ein US-amerikanischer Weg zum Schutz der Menschenrechte / Alexander Abel." Aachen : Shaker, 2007. http://d-nb.info/1170527248/34.

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9

Hessel, Tobias J. [Verfasser]. "Ein Vergleich der Eingriffsschwellen im deutschen und US-amerikanischen Recht unter besonderer Berücksichtigung der Rechtsprechung des U.S. Supreme Court bei Eingriffen in die Privatsphäre. / Tobias J. Hessel." Berlin : Duncker & Humblot, 2010. http://d-nb.info/1238364667/34.

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10

Oliveira, Junior Jorge Ferraz de. "ATIVISMO JUDICIAL (OU JURÍDICO), AUTOCONTENÇÃO E ÚLTIMA PALAVRA NA INTERPRETAÇÃO DA CONSTITUIÇÃO: O que o Supremo Tribunal Federal pode aprender com o ativismo judicial norte-americano e as teorias do diálogo." Universidade Federal do Maranhão, 2014. http://tedebc.ufma.br:8080/jspui/handle/tede/654.

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Made available in DSpace on 2016-08-18T12:54:30Z (GMT). No. of bitstreams: 1 DISSERTACAO_JORGE FERRAZ DE OLIVEIRA JUNIOR.pdf: 775239 bytes, checksum: 807e822b6702aee8818a57787af9b4be (MD5) Previous issue date: 2014-12-12
This dissertation, based on the investigation of the "emergence" of judicial activism expression s arrising, on pendulous phases between judicial activism and self-restraint of American Supreme Court s jurisprudence, on dialogue s theories and on the contribution of many authors who advocate the adoption of a Constitution s constructive and moral interpretation, aims to demonstrate two theses about the judicial activism s limits and who should have the last word at Constitution s interpretation. The first one, refered to the idea of, in not being in a case of fundamental rights guarantee, protection of minorities and the unblocking of access channels to political power, the Supreme Court should adopt a selfrestraint posture, preferring decisions that encourage the Legislature to exercise its prerrogatives provided by the Constitution. Cases in which the democratic process will be strengthened, through a greater accountability of elected representatives before the true holder of sovereignty: the people. The second one, that there is no definitive last word (but only temporary) at Constitution s interpretation and that the legislative activism, when exercised to confirm or even to contest a Supreme Court s decision, far from meaning a crisis between the powers, may serve to strengthen the democratic process, increasing the possibility of providing more correct answers to especific constitutional problem.
A dissertação, partindo da investigação da emergência da expressão ativismo judicial , das fases pendulares entre ativismo judicial e autocontenção na jurisprudência da Suprema Corte Norte-Americana, das teorias do diálogo e do contributo de diversos autores que preconizam a adoção de uma interpretação construtiva e moral da Constituição, pretende demonstrar duas teses concernentes aos limites do ativismo judicial e quanto a quem deve dar a última palavra na interpretação da Constituição. A primeira, a de que se não se está em um caso de garantia de direitos fundamentais, proteção de minorias e de desobstrução dos canais de acesso ao poder político, a Suprema Corte deve adotar uma postura autorrestritiva, preferindo decisões que instiguem o Poder Legislativo a exercer as prerrogativas previstas na Constituição. Casos em que o processo democrático resultará fortalecido, mediante a maior responsabilização dos representantes eleitos perante o verdadeiro titular da soberania: o povo. A segunda, a de que não há última palavra definitiva (mas apenas provisória) na interpretação da Constituição e que o ativismo legislativo, quando exercido para corroborar ou até mesmo para contestar uma decisão da Corte Suprema, longe de significar uma crise entre os poderes, pode servir para fortalecer o processo democrático, aumentando a possibilidade de fornecimento de respostas mais corretas a dado problema constitucional.

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11

Miles, David Jonathan. "Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism." Thesis, University of St Andrews, 2017. http://hdl.handle.net/10023/11056.

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This thesis examines how American and German constitutionalism, as shaped by the U.S. Supreme Court and the German Constitutional Court (Bundesverfassungsgericht), have mediated the tension between threats to stability and the imperative of renewal through occasional or constant interventions in their democratic processes. To do this, it primarily assesses the 1960s U.S. reapportionment cases and the European Parliament electoral threshold cases of 2011 and 2014. It also considers the ideas of four thinkers, theorists and jurists who have wrestled with the dilemma of how to maintain the bond between citizen and state: Ernst-Wolfgang Böckenförde, Hannah Arendt, Thomas Jefferson and Alexis de Tocqueville. Stability and renewal represent the twin orientation points for constitutionalism and the courts against which they must adjust to possible democratic threats, or new political and social forces in need of recognition. Threats to the state can emerge either from a surfeit of illiberal views in politics and society aimed at destroying an existing constitutional order, or when democratic channels become starved of new opinions through the constitutional or unconstitutional exclusion of voters and parties. A distinctive feature of the approach taken is the conceptual division between the ‘legal/institutional' space in which the Supreme Court and Bundesverfassungsgericht interpret constitutional meaning, and the ‘civic space' in which citizens accept or reject constitutional meaning. One central question is how American and German constitutionalism, and the U.S. Supreme Court and Bundesverfassungsgericht shape and influence the vital civic space that is integral to the democratic relationship between citizen and state, and the survival of the state itself. Ultimately it is concluded that without acceptance of the importance of law and constitutionalism by citizens in the civic space, the influence of the Supreme Court and the Bundesverfassungsgericht becomes purely institutional and effectively consigned to the courtroom.

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12

Williams, Jeffrey David. "Supreme Court Agenda Setting." Diss., The University of Arizona, 2006. http://hdl.handle.net/10150/195165.

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This research examines the Supreme Court's agenda setting behavior. Specifically, I examine the impact of the external environment on the Supreme Court's certiorari process. It is hypothesized that the Court's behavior during this process is conditional upon: 1) its ideological relationship to Congress and the public, and 2) the types of issues before the Court. I argue that the Court behaves strategically, and that as the Court's ideological distance from other actors increases, it will be more likely to structure its agenda in favor of issues that fall within the Court's domain. Conversely, it is argued that the Court would be less likely to focus on issues within the congressional domain as this distance increases. The results indicate that the Court is engaging in strategic behavior in that the agenda setting process is contingent upon issue type, the Court's relationship to Congress, and the Court's relationship to the public.

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13

Arthur, Susan B. "Atticus and the Law." Ohio Dominican University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=odu1607169386802922.

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14

Wang, Edward M. 1976. "Supreme Court audio file search engine." Thesis, Massachusetts Institute of Technology, 2004. http://hdl.handle.net/1721.1/17997.

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Thesis (M. Eng.)--Massachusetts Institute of Technology, Dept. of Electrical Engineering and Computer Science, 2004.
Includes bibliographical references (leaves 73-74).
Search engines have evolved from simple text indexing to indexing other forms of media, such as audio and video. I have designed and implemented a web-based system that permits people to search the transcripts of selected Supreme Court cases, and retrieve audio file clips relevant to the search terms. The system development compared two implementation approaches, one based on transcript aligning technologies developed by Hewlett-Packard, the other is a servlet-based search system designed to return pre-parsed audio file clips. While the first approach has the potential to revolutionize audio content search, it could not consistently deliver successively parsed audio file clips with the same user friendly content and speed as the simpler second approach. This web service, implemented with the second approach, is currently deployed and publicly available at www.supremecourtaudio.net .
by Edward M. Wang.
M.Eng.

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15

Kau, Marcel. "United States Supreme Court und Bundesverfassungsgericht die Bedeutung des United States Supreme Court für die Errichtung und Fortentwicklung des Bundesverfassungsgerichts ; (English summary) = United States Supreme Court and Federal Constitutional Court of Germany." Berlin Heidelberg New York Springer, 2005. http://deposit.d-nb.de/cgi-bin/dokserv?id=2951687&prov=M&dok_var=1&dok_ext=htm.

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16

Glennon, Colin. "The Worst Supreme Court Decisions Ever! An Experimental Investigation of Agreement When the Supreme Court has Erred." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/530.

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Hyperbole is the common response in the wake of any Supreme Court decision, but which cases have a lasting negative impression and why? This work seeks to clarify which rulings of the Court cause consternation among several different audiences. Through an experimental framework I conduct an examination of reactions to rulings in controversial cases among political scientists, legal scholars, and the public. I discover that there are some commonalities among the respondents, but also significant disagreement along issue areas, particularly cases decided based on economic property rights. Additionally I observe that partisan ideology has little impact on the perception of historic decisions, but in contemporary rulings the opposite is discovered. This finding suggests that time serves to mitigate partisan bias in evaluating the Supreme Court. Ultimately this work details information concerned with responses to previous Court decisions, but also provides context clues for predicting various reactions to future controversial rulings.

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17

Collins, Paul M. "Friends of the supreme court examining the influence of interest groups in the U.S. Supreme Court, 1946-2001 /." Diss., Online access via UMI:, 2005.

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18

Brodie, Ian Ross. "Interest groups and Supreme Court of Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq20728.pdf.

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19

Keith, Brandi Marie. "Old court, new deal Roosevelt's supreme blunder /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/444547717/viewonline.

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20

Norris, Mikel, and Colin Ross Glennon. "Gendered Vulnerability and State Supreme Court Elections." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etsu-works/528.

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21

Ivanchenko, Roman. "Interactions Between Congress and the Supreme Court." The Ohio State University, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=osu1180455617.

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22

Eakins, Keith Rollin. "Gate-keeping in the Ohio Supreme Court /." The Ohio State University, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=osu1488191124569533.

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23

Feinerer, Ingo, and Kurt Hornik. "Text Mining of Supreme Administrative Court Jurisdictions." Department of Statistics and Mathematics, WU Vienna University of Economics and Business, 2007. http://epub.wu.ac.at/152/1/document.pdf.

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Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Austrian supreme administrative court jurisdictions concerning dues and taxes. We analyze the law corpora using R with the new text mining package tm. Applications include clustering the jurisdiction documents into groups modeling tax classes (like income or value-added tax) and identifying jurisdiction properties. The findings are compared to results obtained by law experts.
Series: Research Report Series / Department of Statistics and Mathematics

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24

Sullivan, Maggie. "Sex, Gender, Women and the Supreme Court: How the Supreme Court has Impacted Sexual Harassment Standards in Employment Practices." Honors in the Major Thesis, University of Central Florida, 2006. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1156.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Sciences
Political Science

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25

O'Geen, Andrew. "Judicial Quality and the Supreme Court Nominating Process." Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/political_science_theses/8.

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In recent months, presidential appointments to the Supreme Court have become an increasingly salient issue with both the public and the press. The relevance of the topic makes it an inviting subject for political science research. When looking at the question of judicial quality, the problem that researchers have faced in the past is one of quantifying quality. This work seeks to expand on previous survey research done on the quality of individual justices. By using quality scores (Comiskey 2004) as a dependent variable, it is possible to analyze influences on the President’s nomination choice and their relative impacts on the quality of justices. By using a more rigorous approach, this study can more confidently make assertions about the nature of the nomination and confirmation process and the quality of Supreme Court justices.

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26

Androkovich-Farries, Bonnie, and University of Lethbridge Faculty of Arts and Science. "Judicial disagreement on the Supreme Court of Canada." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2004, 2004. http://hdl.handle.net/10133/211.

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This paper will attempt to explore the history and function of judical disagreement behaviour using information from both the Canadian Supreme Court and the US Supreme Court. The evolution of national high court decision making, highlights the changing role of courts within the political and public spheres, as well as the increasing authority courts have over policy. This changing role reinforces the need to study the role of courts on law. I will use minority opinions from the Laskin and Dickson courts to study what disagreement reveals about the decision making process. Judicial disagreement has largely been summed up into two deficient stereotypes: the dissent as "serious" disagreement and the separate concurrence as inferior disagreement to the dissent. I will dispel this fallacy by introducing the five categories created to describe a new way of thinking about judicial disagreement and to shatter the old stereotypes.
vii, 149 leaves ; 29 cm.

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27

White, Candace C. "Gender difference in the Supreme Court of Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ38554.pdf.

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28

Dordelli, Rosales Nelson Richard. "Constitutional Jurisprudence in the Supreme Court of Venezuela." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/26250.

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The prime focus of this dissertation consists in exploring constitutional jurisprudence in the Supreme Court of Venezuela over the last five decades, making use of arguments drawn from Venezuelan history and the existing jurisprudential approaches to theories about the general character of law as integrated in numerous public law cases. This study offers a new approach, one that focuses on ensuring that fundamental constitutional principles are aligned with the concrete objectives (purposes) that the Constitution sets out to achieve. This account is developed through a theoretical framework comprising of: I. A historical overview from independence (1811) to democratization (1947 and beyond), emphasizing the fundamentals of the Constitutions of 1961 and 1999, to portray a vivid and accurate picture of the origins of Venezuela’s constitutional democracy; II. A survey, of constitutional cases that illustrates the evolution of the Venezuelan constitutional jurisprudence under the overt or subliminal use of certain default legal theories, namely, legal positivism in the era of the 1961 Constitution, legal realism and Ronald Dworkin’s adjudication theory in the era of the 1999 Constitution III. An insightful discussion of the main arguments of Ronald Dworkin’s principled theory and Justice Aharon Barak’s purposive theory, in an effort to build theorectical support, which links the various points of their respective theories in order to articulate one in the context of the Venezuelan jurisprudence; IV An original attempt to build a theoretical approach based on the Venezuelan constitutional system, history, culture, and identity to bring together the priorities of formalism, particularly the written principles of the Constitution and the priorities of functionalism and social welfare. This is to ensure that the Supreme Court decides accordingly with the constitutional principles as much as their underlying purposes to provide solutions to legal conundrums.

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29

Trudden, Sallie Raye. "The Power Behind the Constitution: The Supreme Court." Digital Commons @ East Tennessee State University, 2009. https://dc.etsu.edu/etd/1864.

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The framers of the Constitution designed a document to be the "Supreme Law of the Land" and within its pages a branch of government, a federal judiciary, never before envisioned. The Constitution, along with the Federal Judiciary Act of 1789, set the framework for building the strongest branch of government, the Supreme Court. Historical events and court decisions with few exceptions strengthened the power of the judiciary contributing to its authority. The Supreme Court Justices, by interpreting the Constitution and judging the legality of laws instituted by both state and federal legislatures, solidified its superior position in the government hierarchy. An examination of documents, case decisions, and the results of these decisions for the nation add credence to the assertion that of the three branches of government the strongest and most powerful was and is the Supreme Court.

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30

Hitt, Matthew P. "Judgment-Rationale Inconsistency In The U.S. Supreme Court." The Ohio State University, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=osu1406124744.

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31

Haynie, Stacia L. (Stacia Lyn). "A Time Series Analysis of the Functional Performance of the United States Supreme Court." Thesis, University of North Texas, 1990. https://digital.library.unt.edu/ark:/67531/metadc330980/.

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The focus of this investigation is the relationship of the United States Supreme Court's functional performance to its environment. Three functions of courts are noted in the literature: conflict resolution, social control and administration. These functions are operationalized for the United States Supreme Court. Hypotheses are developed relative to the general performance of these three functions by all courts. Box-Jenkins time series analysis is then used to test these hypotheses in relation to the performance of the United States Supreme Court. The primary analysis rests upon a data set that includes all non-unanimous decisions of the Supreme Court from 1916 to 1986. A supplemental analysis is conducted using all formal decisions for the 1953 to 1986 period. The results suggest that intellectual resources, legal resources, modernization, and court discretion are significant influences on the functional performance of the United States Supreme Court. Future research must consider these influences in the development of a general theory of courts.

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32

Vinzant, John Harlan. "Supreme Court interpretation and policymaking in American Indian policy /." Available to subscribers only, 2006. http://proquest.umi.com/pqdweb?did=1212794551&sid=1&Fmt=2&clientId=1509&RQT=309&VName=PQD.

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33

Ragland, Ruth Ann Vaughan. "Linkages between the Texas Supreme Court and Public Opinion." Thesis, University of North Texas, 1995. https://digital.library.unt.edu/ark:/67531/metadc278024/.

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This investigation sought to identify linkages between the Texas Supreme Court and public opinion through 1) a matching of written decisions with scientifically conducted public opinion polls; 2) direct mention of public opinion and its synonyms in Texas justices' decisions; 3) comparison of these mentions over time; and 4) comparison of 10 personal attributes of justices with matched decisions. The study moved the unit of analysis from the U.S. Supreme Court to the state court level by using classification schemes and attribute models previously applied to the U.S. Supreme Court. It determined that linkages exist between the Texas Supreme Court's written decisions and public opinion from 1978 to July 1994.

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34

Braslaw, Truman. "An Arbitrary Death? Capital Punishment and the Supreme Court." Oberlin College Honors Theses / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1398962476.

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35

Esler, Michael Vaughn. "State supreme court decisions, judicial federalism and Miranda's progeny /." The Ohio State University, 1990. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487684245467229.

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36

Poston, Brook Carl Potts Louis W. "George's court the role of the Supreme Court justices as statesmen in the 1790's /." Diss., UMK access, 2007.

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Thesis (M.A.)--Dept. of History. University of Missouri--Kansas City, 2007.
"A thesis in history." Typescript. Advisor: Louis Potts. Vita. Title from "catalog record" of the print edition Description based on contents viewed Jan. 24, 2008. Includes bibliographical references (leaves 98-103). Online version of the print edition.

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37

NUNES, VICTOR FREITAS LOPES. "A MODERATING TENDENCY IN THE BRAZILIAN SUPREME COURT: AUTOCRATIC ASPECTS OF THE COURT S DECISIONS." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2015. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=26487@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
Este trabalho pretende contribuir para a compreensão da divisão de competências entre os três poderes consagrados pela Constituição de 1988, a partir do estudo de funções exercidas pelo Supremo Tribunal Federal (STF). Indaga-se se existe, atualmente, equivalência entre a função exercida pelo Poder Moderador durante o Império e alguma das funções constitucionalmente designadas aos três poderes da República. Acredita-se que exista uma abertura à tendência moderadora no conjunto de competências do STF, revelada pela jurisprudência da corte. Compreendendo o direito como atividade de construção da ordem jurídica, o estudo alinha-se à vertente das pesquisas jurídico-descritivas. Promove um processo de inferência, não-dedutivo, que considera além dos próprios textos analisados, os respectivos contextos. A oposição entre as formas de governo permite compreender o sentido expansivo do conatus de uma comunidade política que se pretende democrática. O constitucionalismo, sobretudo na sua versão moderna, conhece conformação alternativa à clássica tripartição das funções estatais, na qual o Poder Moderador desponta como elemento central da estabilidade política. A recuperação do passado institucional brasileiro permite compreender tanto a dimensão da concentração do poder de decisão, reinserida no arranjo atual através do sistema de última palavra; quanto a perspectiva antidemocrática que se inscreve na sobredeterminação dos poderes constituídos à prática política não-representativa. A inter-relação entre as diversas matrizes de controle de constitucionalidade torna o sistema brasileiro uma criação singular, de onde despontam tendências moderadoras de marcas schmittianas, ressaltadas pelo dever de autocontenção e pelo discurso competente da corte.
This study intends to analyse the constitutionally established limits to the separation of powers at the federal level, especially with regard to the competencies of Brazilian s Supreme Court (BSC). It is asked whether there is, currently, some equivalence between the tasks of the moderating power during the Brazilian Empire and some of the functions constitutionally assigned to the constituted powers. It is believed that there is an opening to the moderating tendency in the BSC competencies, which is revealed by the court s jurisprudence. Methodologically, the theoretical references here applied consist in a dynamic perspective that distinguishes democracy from monarchy and aristocracy thought a difference of directions. In a democracy the desire to govern is open to fulfilment meanwhile in the other forms of government this desire remains captive. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary constitutional theory in order to understand the role play by the BSC. The Brazilian judicial review system is a unique creation, from which emerge a moderating tendency with autocratic trends, highlighted by the self-restraint duty and the court s competent speech, whereby it calls itself the constitutional authority empowered to arbitrate institutional quarrels, interpreting, above all, its own constitutional competencies.

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38

Sumar, Albujar Oscar. "The Court of Roberts (the United States Supreme Court) versus the peruvian Constitutional Court: free competition in constitutional jurisprudence." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108110.

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Within the framework of the process of constitutionalization of Law, the treatment towards antitrust regulation is being discussed on the jurisprudential level. An idea has appeared that suggests that deciding against antitrust regulationis beneficial for companies, but has a negative impact towards societyIn the present article, the author does a comparison between the Peruvian Constitutional Court jurisprudence about antitrust and the jurisprudence of the Supreme Court of the United States, demonstrating that tending towards regulation is harmful for society.The author also raises the question about the reasons for which the Supreme Court of the United States has a clear and defined criteria to decide when it is convenient to regulate antitrust, called “decision theory”, while the Peruvian Court has an erratic and unjustified criteria to decide aboutregulation of antitrust.
En el marco del proceso de constitucionalización del Derecho, el tratamiento de la libre competencia se ha venido discutiendo a nivel jurisprudencial. Así, ha surgido la idea de que decidir no regu-lar la libre competencia beneficia a las empresas,mas no a la sociedad en general.En el presente artículo, el autor propone una comparación entre la jurisprudencia respecto a la libre competencia del Tribunal Constitucional peruano y la de la Corte Suprema de los Estados Unidos, buscando demostrar que, más bien, tender a la re- gulación es perjudicial para la sociedad.Asimismo, el autor abre la interrogante acerca de las razones por las cuales la Corte estadounidense tiene un criterio claro respecto a cuándo no es conveniente la regulación, mientras que el Tribunal peruano tiene un criterio errático y no justificado para tomar decisiones al respecto.

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Liu, Nanping. "Judicial interpretation in China : opinions of the Supreme People's Court /." Hong Kong [u.a.] : Sweet & Maxwell Asia, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279827849.pdf.

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Babalakin, B. O. "The supreme court and constitutional developments in Nigeria (1960-1985)." Thesis, University of Cambridge, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.383050.

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Reddick, Gavin James. "Authority and hierarchy in state and U.S. Supreme Court interactions." Full text, Acrobat Reader required, 2002. http://viva.lib.virginia.edu/etd/masters/ArtsSci/Government/2002/Reddick/Reddick.pdf.

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Sánchez, Galindo Arianna. "Beyond legalism : the Mexican supreme court in the democratic era /." May be available electronically:, 2008. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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MOREIRA, SHANDOR TOROK. "THE DEMOCRATIC ELITISM AND DISCOURSES OF THE BRAZILIAN SUPREME COURT." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=20966@1.

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FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO DE MATO GROSSO DO SUL
Como o Supremo Tribunal Federal reconstrói a relação entre Estado e Cidadania no Brasil contemporâneo, especialmente no que diz respeito à democracia nacional? Com apoio em dois modelos teóricos sobre a democracia, o elitismo democrático e os públicos participativos, a dissertação investigou o discurso público produzido pelo STF ao julgar determinados casos, identificando indícios de abuso de poder discursivo pela Corte nos mesmos. O referido abuso de poder discursivo é caracterizado pela influência do marco teórico do elitismo democrático e seu consequente potencial de reproduzir e reforçar desenho institucional servil ao repertório de ação não universalizável da elite política nacional.
How the Brazilian Supreme Court (BSC) reconstructs the relation between State and Citizenship in contemporary Brazil, especially concerning the national democracy? The public discourse manufactured by the BSC whilst deciding certain cases was investigated through the lenses of two theoretical models of democracy, democratic elitism and participatory publics, in search for evidences of discourse power abuse. Such abuse is characterized by the influence of the democratic elitism framework and its potential to reproduce and reinforce an institutional design unable to counteract the problematic action repertoir of the Brazilian political elite.

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Millman, Eric. "Substantive Due Process and the Politicization of the Supreme Court." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1905.

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Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions. This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping our nation’s laws and destiny: But was it ever intended to? This paper first examines the legal arguments in favor of substantive due process to determine whether the judiciary was designed to be the “bulwark” of natural as well as clearly scribed law. Then, employing a novel framework to measuring judicial politicization, the thesis tracks the doctrine’s application throughout its most prominent case studies. Often arriving at nuanced conclusions, we observe that the truth is more often painted in some gradation of grey than in black or white.

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Toyama, Miyagusuku Jorge, and Salazar Carole Ivonne Neyra. "Jurisprudential criteria of the Supreme Court about the dismissal null." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123408.

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In this article, the authors explain some notions about job security and some general aspects of the nullity of the dismissal (proof of the dismissal null and its causes). Also, they explain the judicial criteria on the nullity of dismissal that have been issued through cassation rulings by the Supreme Court. Among these criteria are union membership or participation in union activities, filing a complaint or participation in processes against the employer, discrimination, and pregnancy.
En el presente artículo, los autores explican algunas nociones acerca de la estabilidad laboral y algunos aspectos generales de la nulidad del despido (la prueba del despido nulo y sus causales). Asimismo, posteriormente explican los criterios jurisprudenciales sobre la nulidad del despido que han sido emitidos a través de sentencias de casación por la Corte Suprema. Dentro de estos criterios se encuentran la afiliación a un sindicato o la participación en actividades sindicales, la presentación de una queja o la participación en un proceso contra el empleador, la discriminación, y el embarazo.

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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 Supreme Court as the justices’ institutional legitimacy became threatened by both the political pressure and legal changes that the Court faced during this era. To test these theoretical assumptions, I compiled a dataset of Supreme Court cases using the U.S. Supreme Court Library Official Reports Database ranging from the beginning of the 1920 Supreme Court term through the end of the 1937 term. Cases were included if 1) the case had one or more filed amicus briefs; and 2) the questions and arguments in the case were based on the Commerce Clause or legislation that relies wholly or in part on the Commerce Clause. Applying a basic logit model, I find support for the assumption that amicus briefs influenced the Court by providing the justices with a supporting audience. To further test the influence of amicus briefs, I compare the arguments and information provided exclusively by amicus briefs in this group of cases to the Supreme Court majority’s opinions to test for similar content. Amicus briefs are considered influential if the Court included information exclusively from an amicus in their majority opinion. I find that in the largest number of cases, amici influenced the Court majority’s opinions in favor of their preferred litigant when they provide unique arguments and information. Consequently, I find moderate support for the influence of interest groups on the Court both externally by providing a supporting audience and internally by providing the Court with supporting information.

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Valenzuela, Celene. "The 'Lean In' Theory, Validated by Three Supreme Court Justices." CSUSB ScholarWorks, 2018. https://scholarworks.lib.csusb.edu/etd/757.

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The definition of leadership is not gender specific; however, the role of a leader continues to be defined in mostly male terms by society. While, women have outpaced men in gaining an undergraduate education, women are not being hired for top leadership roles. There continues to be a gender leadership gap in both the private and public sector. Women continue to advance in their education and career, yet they are unable to break the invisible glass ceiling and attain top leadership roles. This study proposes that in order to gain equality and reduce the gender leadership gap, in both the public and private sector, it is up to individual women to seek and attain leadership positions, thereby opening the path for others. The study identified both the internal and external barriers that prevent women from moving ahead in their careers. It also provided solutions that women can adopt to gain top leadership roles, based on Sheryl Sandberg’s ‘Lean In’ theory, which notes that women can make adjustments and strategies in order to obtain top leadership positions. Women can overcome barriers and move ahead with their careers by increasing self-confidence, balancing roles at home, and setting realistic standards. Women need to also step out of their comfort zone and believe in themselves. Through a qualitative content analysis, the study analyzed how three women achieved top leadership roles and were successful in applying the concepts of Sheryl Sandberg’s ‘Lean In’ theory. The study included Associate Justices of the Supreme Court of the United States Sandra Day O'Connor, Ruth Bader Ginsburg and Sonia Sotomayor. The study identified the barriers that they individually faced as they sought their career. The women were selected to be part of the study due to their incredible accomplishments of achieving positions in the highest level of judicial public service, in a male-dominated field. The sampling and collection in this study included the digital autobiographies and biographies of the public service leaders, by creditable sources. The analysis sought to answer the three study questions: What forms of barriers did the Associate Justices face as they advanced in their careers? What strategies and approaches did the Associate Justices take when faced with barriers? How does Sheryl Sandberg’s ‘Lean In’ theory apply to the Associate Justices? The written autobiographies and biographies of the Associate Justices were analyzed using NVivo, a software that analyzes digital texts. Two coding categories were selected as part of the analysis. One focused on the barriers that the Associate Justices encountered as they moved ahead with their career and the second category focused on the strategies and approaches they used to overcome them. The study findings demonstrated that the Associate Justices faced a significant number of barriers as they sought to advance in their legal careers. They encountered discrimination, gender bias and the obstacles of balancing their careers and family. The analysis results also strongly conveyed that the Associate Justices used a number of strategies and approaches to overcome the barriers. They were self-confident and set realistic standards – therefore validating Sheryl Sandberg’s ‘Lean In’ theory.

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Glennon, Colin. "An Experimental Invetigation of Opposition to Landmark Supreme Court Decisions." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/532.

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Sittiwong, Panu. "Canadian Supreme Court Decision-making, 1875-1990 : Institutional, Group, and Individual Level Perspectives." Thesis, University of North Texas, 1994. https://digital.library.unt.edu/ark:/67531/metadc278740/.

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Since its creation in 1875, the Canadian Supreme Court has undergone several institutional transitions. These transitions have changed the role of the Court toward a more explicit and influential policy making role in the country. Despite this increasingly significant role, very limited attention has been given to the Court. With this perspective in mind, this study presents several analyses on the decision making process of the Canadian Supreme Court. At the institutional level, the study found that within the stable workload, the cases composition has shifted away from private law to public law cases. This shift is more significant when one concentrates on appeals involving constitutional and rights cases. The study found that this changing pattern of the Court's decision making was a result of the institutional changes shaping the Supreme Court. Statistically, the abolition of rights to appeal in civil cases in 1975 was found to be the most important source of the workload change.

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Sriram, Shyam Krishnan. "Caste and the Court: Examining Judicial Selection Bias on Bench Assignments on the Indian Supreme Court." unrestricted, 2006. http://etd.gsu.edu/theses/available/etd-03212006-150358/.

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Thesis (M.A.)--Georgia State University, 2006.
Title from title screen. Date from dissertation t.p. Robert Howard, committee chair; Scott Graves, Kim Reimann, committee members. Electronic text (39 p. : col. ill.) : digital, PDF file. "Appendix A: Indian Supreme Court cases used in analysis" : p. 37-39. Description based on contents viewed May 22, 2007. Includes bibliographical references (p. 35-37).

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