Relevant bibliographies by topics / Court politics

Academic literature on the topic 'Court politics'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Court politics"

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Crouch, Melissa. "The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia." Constitutional Review 7, no. 1 (May 31, 2021): 1. http://dx.doi.org/10.31078/consrev711.

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Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.
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Travers, Max. "Business as Usual? Bail Decision Making and “Micro Politics” in an Australian Magistrates Court." Law & Social Inquiry 42, no. 02 (2017): 325–46. http://dx.doi.org/10.1111/lsi.12264.

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Between the 1970s and 1990s, political scientists in the United States pursued a distinctive research program that employed ethnographic methods to study micro politics in criminal courts. This article considers the relevance of this concept for court researchers today through a case study about bail decision making in a lower criminal court in Australia. It describes business as usual in how decisions are made and the provision of pretrial services. It also looks at how traditionalists and reformers understood business as usual, and uses this as a critical concept to make visible micro politics in this court. The case study raises issues about organizational change in criminal courts since the 1990s, since there are fewer studies about plea bargaining and more about specialist or problem-solving courts. It is suggested that we need a new international agenda that can address change and continuity in criminal courts.
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Voßkuhle, Andreas. "Constitutional Court: The Dilemma of Law and Politics." osteuropa recht 64, no. 4 (2018): 480–82. http://dx.doi.org/10.5771/0030-6444-2018-4-480.

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This article raises questions in the context of the tension between the activities of parliament and government on the one hand and constitutional courts on the other hand. As to this tension, it concludes that the manner and method of decision-making on the part of government or parliament differs fundamentally from the manner in which constitutional courts operate. The article further elaborates, in particular, on the acceptance of decisions rendered by the constitutional court, as well as on questions in the context of the election process of constitutional court justices.
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Buana, Mirza Satria. "Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court." Constitutional Review 6, no. 1 (June 2, 2020): 36. http://dx.doi.org/10.31078/consrev612.

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The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.
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Hall, Matthew E. K. "Rethinking Regime Politics." Law & Social Inquiry 37, no. 04 (2012): 878–907. http://dx.doi.org/10.1111/j.1747-4469.2012.01290.x.

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Many recent studies of “regime politics” argue that judicial review is ultimately used to promote the interests of the dominant governing regime. I explore this claim by evaluating whether the invalidation of federal laws by the US Supreme Court fits the empirical expectations of the regime politics approach. I find that the Court frequently invalidates statutes when (1) the ideology of the Court diverges from that of the sitting elected branches (suggesting that the Court does not fear sanctions or nonimplementation), and (2) the ideology of the sitting elected branches converges with that of the elected branches that enacted the statute (suggesting that the Court is defying the sitting elected branches). My findings suggest that the Court does not primarily use judicial review to promote the interests of the dominant governing regime.
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Sandalow, Terrance, and Ethan Bronner. "The Supreme Court in Politics." Michigan Law Review 88, no. 6 (May 1990): 1300. http://dx.doi.org/10.2307/1289314.

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Saunders, Cheryl, and Brian Galligan. "Politics of the High Court." CrossRef Listing of Deleted DOIs 18, no. 4 (1988): 133. http://dx.doi.org/10.2307/3330340.

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WILLIAMS, P. M. "THE SUPREME COURT AND POLITICS." Oxford Journal of Legal Studies 5, no. 1 (1985): 91–112. http://dx.doi.org/10.1093/ojls/5.1.91.

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Whittington, Keith E. "The Supreme Court in Politics." Reviews in American History 39, no. 4 (2011): 631–36. http://dx.doi.org/10.1353/rah.2011.0127.

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Violante, Teresa. "Bring Back the Politics: The PSPP Ruling in Its Institutional Context." German Law Journal 21, no. 5 (July 2020): 1045–57. http://dx.doi.org/10.1017/glj.2020.63.

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AbstractIn this paper, I argue that the conflict between the German Federal Constitutional Court and the Court of Justice of the European Union is the story of a clash foretold, if one takes seriously constitutional courts as institutions designed to be “dogs that bite.” The German Court consistently developed a doctrinal tool to guide its role as guardian of the national constitutional order and the democratic principle, and enforced it when the constitutional control of monetary policy measures so required. I analyze the PSPP ruling, focusing on where the Court concluded that the lack of a satisfactory statement of reasons by the European Central Bank prevented it from reviewing the proportionality of the program. I argue that the Court, after conducting a substantive assessment, applied a weak remedy, thereby deferring the last word on the constitutionality of the PSPP to the political branches. In doing so, the Court opens space for the political assessment of a controversial monetary policy, enhancing the politicization of the Economic and Monetary Union, and provides a doctrinal toolbox for national constitutional courts that face competence creep of EU law in their jurisdictions. I conclude that, ultimately, the main merit of constitutional courts’ interventions in the EU integration is that they are in a privileged position to allow for the politicization of technocratic processes.
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Dissertations / Theses on the topic "Court politics"

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Pogson, Fiona. "Wentworth and court politics, 1628-40." Thesis, University of Liverpool, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.339403.

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Haslem, Michelle. "Familial politics and the Stuart court masque." Thesis, University of Liverpool, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367810.

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This thesis contends that the monarch-centred view of the masque, which has prevailed since the publication in the 1960s and 1970s of Stephen Orgel's seminal works on the genre, needs to be challenged in the light of recent scholarship on the cultural agency of other members of the royal family. In my introduction I argue that while the New Historicism has been crucial in elucidating the theatricalization of power in the early Stuart court, its insistence on the inevitability of the collusion between art and sovereign power needs to be questioned. The masque has long been seen as a monolithic and univocal celebration of monarchical power, despite the fact that it was promoted at court not by King James but by other members of the royal family. Adopting a loosely chronological approach, this thesis retells the story of the 'Jacobean' court masque by recovering the role played in the commissioning and performance of masques by James's wife, his children, and his male favourites. The chapters set out to hear voices other than that of the King, and discover that, while panegyric was part of each masque, it was rarely as unequivocal as traditional criticism has suggested. On the contrary, the annual masques were frequently appropriated to express the oppositional agendas of factions at court, and above all, of members of James's own family. I argue that Queen Anne set a precedent for the disruptive use of the masque which she exploited to present herself as independent from the King, and to emphasise her importance as the mother of the royal children. Prince Henry, and later Prince Charles, both used the masque to contest the pacifist policies of the King, while Buckingham's success as a favourite was linked to his skilful exploitation of the masques as an integral part of his self-fashioning. Above all by shifting the focus away from King James to consider the more active participation in the masque of other members of the royal family, this thesis offers a possibility of moving beyond the current impasse of the subversion / containment debate to a more nuanced reading of the culture of the early Stuart court which recognises the delicate process of negotiation and accommodation in which the masquers and their audiences were engaged.
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Greig, Lorne Cameron George. "Court politics and government in England 1509-1515." Thesis, University of Glasgow, 1996. http://theses.gla.ac.uk/1733/.

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The aim of this thesis is to provide an overview of the period 1509-1515 in England, this being the first six years of the reign of Henry VIII. Within this timespan it is possible to witness the rise of Thomas Wolsey and also to examine the political situation before his ascendancy. Reaction to the new king will be examined on a number of fronts. His succession and the expectations placed on him will be looked at, expectations not only from his own people but also from those abroad. The highly visual natural of Henry VIII's court heightened this sense of expectancy and set the boundaries of the succeeding years. That group of men which attached itself to the king at work and play provides the starting point for this thesis. These were the middling courtiers, the men who sought favours and provided services. The desire for promotion at court provided a common bond for this diverse group. Young courtiers on the up, seasoned campaigners seeking rejuvenation and men of service, all sought promotion, through patronage, pedigree, personal ability or the grace of the king. Many men continued in positions of responsibility as held under Henry VII, creating a certain amount of continuity in administration. Edmund Dudley and Richard Empson felt the wrath of a monarch anxious to clear the air at the start of the reign and stamp his own brand of kingship on the court. Their associate Thomas Lovell continued and prospered under a king with no intention of embarking on a purge. William Compton rose from humble beginnings to become one of the king's closest confidants, recognised by many as the man to befriend. Opportunities were available for the ambitious courtier.
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Robinson, Jon. "Court politics and culture : their relationship to English and Scottish court literature, 1500-1540." Thesis, Northumbria University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.422446.

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Clement, Anthony R. "Cobweb Court." Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1620409744707432.

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Conant, Lisa J. "Contained justice : the politics behind Europe's rule of law /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/10764.

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Mills, Clare Margaret. "Sovereignty curtailed? : politics, philosophy and the International Criminal Court." Thesis, University of Newcastle Upon Tyne, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445572.

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Guth, Jessica, and Sanna Elfving. "Court of Justice of the EU and Judicial Politics." Routledge, 2020. http://hdl.handle.net/10454/17687.

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Webster, Jeremy W. "Performing libertinism in Charles II's court : politics, drama, sexuality /." New York : Palgrave Macmillan, 2005. http://catalogue.bnf.fr/ark:/12148/cb399534826.

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Hutfilz, William George. "Pastoral politics : German pastoral literature and court culture, 1200-1800 /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9950.

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Books on the topic "Court politics"

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Scheb, John M. The politics of judicial modernization: The case of the Tennessee court system. Knoxville: Bureau of Public Administration, University of Tennessee, 1986.

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Beatty, John Cabeen. The politics of public ventures: An Oregon memoir. [United States]: Xlibris Corp., 2010.

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Solomon, David Harris. The political High Court: How the High Court shapes politics. St Leonards, NSW, Australia: Allen & Unwin, 1999.

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Unah, Isaac. The Supreme Court in American politics. New York: Palgrave Macmillan, 2009.

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Unah, Isaac. The Supreme Court in American politics. New York: Palgrave Macmillan, 2009.

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Unah, Isaac. The Supreme Court in American politics. New York, N.Y: Palgrave Macmillan, 2010.

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Powe, L. A. Scot. The Warren court and American politics. Cambridge, Mass: Belknap Press of Harvard University Press, 2001.

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Unah, Isaac. The Supreme Court in American Politics. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230102354.

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New directions in judicial politics. New York: Routledge, 2012.

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O'Brien, David M. Storm center: TheSupreme Court in American politics. 3rd ed. New York: Norton, 1993.

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Book chapters on the topic "Court politics"

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McMahon, Kevin J. "A Polarizing Court?" In Politics to the Extreme, 161–84. New York: Palgrave Macmillan US, 2013. http://dx.doi.org/10.1057/9781137312761_8.

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Renfro, Jayme L. "State Court Systems." In State and Local Politics, 97–107. New York, NY: Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9780429056895-9.

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Clayton, Cornell W., and Lucas K. McMillan. "The Supreme Court." In Developments in American Politics 7, 155–73. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-28923-0_9.

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Martin, Paul. "The Supreme Court." In Developments in American Politics 6, 132–49. London: Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-1-137-01383-5_9.

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Peele, Gillian, Cornell W. Clayton, and Michael F. Salamone. "The Supreme Court." In Developments in American Politics 8, 155–69. London: Macmillan Education UK, 2018. http://dx.doi.org/10.1057/978-1-352-00182-2_9.

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McCormick, John. "The European Court of Justice." In European Union Politics, 220–36. London: Macmillan Education UK, 2011. http://dx.doi.org/10.1007/978-0-230-34391-7_14.

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McCormick, John. "The European Court of Justice." In European Union Politics, 208–24. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-45340-2_14.

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Unah, Isaac. "Supreme Court Vacancies." In The Supreme Court in American Politics, 25–48. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230102354_2.

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Goetz, Klaus H. "The Federal Constitutional Court." In Developments in German Politics 2, 96–116. London: Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-24885-8_6.

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Šipulová, Katarína. "The Czech Constitutional Court." In Constitutional Politics and the Judiciary, 32–60. Abingdon, Oxon; New York, NY: Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.4324/9780429467097-3.

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Conference papers on the topic "Court politics"

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Petkova, Tatyana V., and Daniel Galily. "When you are named Ruth." In 8th International e-Conference on Studies in Humanities and Social Sciences. Center for Open Access in Science, Belgrade, 2022. http://dx.doi.org/10.32591/coas.e-conf.08.06085p.

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This study aims to recall the ideas and activities in the field of law, politics, philosophy, the struggle for democracy and respect for human rights of two bright and exceptional personalities who left this world last year: Ruth Gavison (her areas of study include ethnic conflicts, protection of minorities, human rights, political theory, the judiciary, religion and politics, and Israel as a Jewish and democratic state. She was a member of the Israeli Academy of Sciences and Humanities. Nominated as a Judge at the Supreme Court of Israel in 2005.) and Ruth Bader Ginsburg (Judge at the Supreme Court of the United States. She upholds and defends the rights of women and people of color, gender equality.).
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Shen, Taixia. "On the Second Major Reform of European Court of Human Rights." In 2016 International Conference on Politics, Economics and Law (ICPEL 2016). Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/icpel-16.2016.10.

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Fellerova Palkovska, Iva. "CHARACTERISTICS OF JUDGMENTS OF THE EU COURT OF JUSTICE." In 3rd Law & Political Science Conference, Lisbon. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.003.002.

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Jilkine, Vladimir. "THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS TO ENSURE THE RIGTHS TO AFFAIR TRIAL IN FINNISH SUPREME COURT." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.119.

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Kesci, Gungor. "SOME ECONOMIC AND FINANCIAL NEGATIVITIES CAUSED BY COURT VERDICTS." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.108.

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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18316.

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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.
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Jilkine, Vladimir. "THE IMPLEMENTATION OF THE NE BIS IN IDEM-PRINCIPLE IN THE SUPREME COURT AND THE SUPREME ADMINISTRATIVE COURT OF FINLAND CONCERNING TAX FRAUD." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.114.

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Bendegúz, Borisz. "Questions of Judicial Interpretation of Certain Felonies in the Trial of the People’s Commissioners of the Soviet Republic of Hungary." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-12.

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Following the fall of the Soviet Republic of Hungary, the criminal prosecution of the political leaders of the former Bolshevik state confronted the courts of the country with a number of problematic questions on the interpretation of both constitutional and criminal law. From a constitutional perspective, establishing the applicable law under which the actions of the defendants would be evaluated was not obvious as the validity of both the Soviet Republic and that of the previous so-called People’s Republic of Hungary were dubious. From a criminal perspective – as at the time being criminal codes lacked specific crimes for the prosecution of political leaders of past dictatorships. Therefore, prosecutors and adjudicating courts tried to evaluate political actions committed using state power as if these would have been committed by private individuals which raised a number of interesting legal problems of interpretation.
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Евгений, Макаренко, and Холопова Екатерина. "DIGITALIZATION OF MUNICIPAL ELECTIONS IS THE KEY TO THEIR DEMOCRATION AND TRANSPARENCY." In MODERN CITY: POWER, GOVERNANCE, ECONOMICS. Publishing House of Perm National Research Polytechnic University, 2020. http://dx.doi.org/10.15593/65.049-66/2020.26.

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The article discusses the current situation with the municipal elections in St. Petersburg in 2019. Based on the analysis of the results of voting on precinct election commissions and court cases, the main schemes for manipulating election results are considered. Recommendations are given on increasing the turnout in elections, increasing their transparency, accessibility and openness to various political movements based on the use of digital technologies.
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Ghanem, Mohamed. "THE PROPOSALS OF DEVELOPING THE CASE PREPARATION PANEL IN ECONOMIC COURTS IN EGYPT." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.116.

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Reports on the topic "Court politics"

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Haider, Huma. Constitutional Courts: Approaches, Sequencing, And Political Support. Institute of Development Studies, June 2022. http://dx.doi.org/10.19088/k4d.2022.097.

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This rapid review looks at various constitutional courts established in transitional, fragile and conflict-affected contexts—the approaches adopted, sequencing in their establishment, and experiences with political support. There are few comprehensive accounts in the literature, however, of constitutional courts and their role in judicial review in the contexts of transition and/or as key actors in ‘building democracy’ (Daly, 2017a; Sapiano, 2017). Further, scholars have tended to focus on a relatively small number of case studies from the immediate post-Cold War era, such as South Africa and Colombia (Daly, 2017a). Discussion on the sequencing and steps adopted in establishing a constitutional court in fragile and conflict-affected states (FCAS), or on incentives that have swayed political elites to support these courts, is even more limited. Nonetheless, drawing on various academic and NGO literature, including on countries that transitioned from authoritarianism, this report offers some discussion on sequencing in relation to the constitution-making process and the establishment of the courts; and general reasoning for why constitutional courts may be supported by political actors.
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Delle Donne, Fulvio. From Kingdom to Empire. Political Legitimacy Building Strategies at the Court of Alfonso the Magnanimous. Edicions de la Universitat de Lleida, 2022. http://dx.doi.org/10.21001/itma.2022.16.10.

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Gostin, Lawrence. The Future of the Affordable Care Act is a Social and Political Decision That Should Not be Decided by Unelected Supreme Court Justices. Milbank Memorial Fund, April 2021. http://dx.doi.org/10.1599/mqop.2021.0428.

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Hall, Sarah, Mark Vincent Aranas, and Amber Parkes. Making Care Count: An Overview of the Women’s Economic Empowerment and Care Initiative. Oxfam, November 2020. http://dx.doi.org/10.21201/2020.6881.

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Across the globe, unpaid care and domestic work (UCDW) sustains communities and economies, provides essential care for children, sick and elderly people and those living with disabilities, and keeps households clean and families fed. Without unpaid care, the global economy as we know it would grind to a halt. Yet this work falls disproportionately on women and girls, limiting their opportunities to participate in decent paid employment, education, leisure and political life. Heavy and unequal UCDW traps women and girls in cycles of poverty and stops them from being part of solutions. To help address this, Oxfam, together with a number of partners, has been working in over 25 countries to deliver the Women’s Economic Empowerment and Care (WE-Care) programme since 2013. WE-Care aims to reignite progress on gender equality by addressing heavy and unequal UCDW. By recognizing, reducing and redistributing UCDW, WE-Care is promoting a just and inclusive society where women and girls have more choice at every stage of their lives, more opportunities to take part in economic, social and political activities, and where carers’ voices are heard in decision making about policies and budgets at all levels. This overview document aims to highlight the approaches taken and lessons learned on unpaid care that Oxfam has implemented in collaboration with partners in sub-Saharan Africa and Asia.
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Boston, Clarinèr. An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.6868.

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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Abstract:
Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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