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Published: 10 March 2023

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1

Masose, Tariro Veronica P. "The Prosecution of sexual violence crimes under article 7 and 8 of the rome statue of the international criminal court: A reason for optimism?'." University of the Western Cape, 2018. http://hdl.handle.net/11394/5831.

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Magister Legum - LLM (Public Law and Jurisprudence)
The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, namely war crimes, crimes of aggression, genocide and crimes against humanity. For the first time in the history of humankind, States accepted the jurisdiction of a permanent international criminal court, for the prosecution of the perpetrators of the most serious crimes committed within their territories or by nationals after the entry into force of the Rome Statute on 1 July 2002. The ICC is an international organization, with distinct legal capacity. It is independent of the United Nations although it does act in close association with it. The ICC is not a substitute for national courts. The Rome Statute provides that it is still very much the duty of the State to exercise its jurisdiction over those responsible for international crimes. The ICC can only intervene as a court of last resort where a State is unwilling or unable to carry out the investigation and prosecute the perpetrators within its own domestic courts and laws. It may only exercise jurisdiction over crimes committed on the territory of a State party or a national of such, the only exception to this is that the United Security Council can use its powers under the UN Charter to refer situations to the Prosecutor of the ICC. The ICC is therefore meant to compliment and support domestic criminal justice; this was reflected even in the drafting stages of the Statute whereby integration of a variety of national perspectives and judicial cultures from different countries was considered in order to ensure that the ICC did not depart from what is considered just within the domestic sphere. It may well be argued that the Rome Statute provides an opportunity to reinvigorate and reform criminal codes which may in the long term globally strengthen the rule of law, peace and security.
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2

Miller, Banks P. "State Success in State Supreme Courts: Judges, Litigants and State Solicitors." Columbus, Ohio : Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1243004656.

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3

Mohd, Hassan Fareed. "National prosecution against heads of state of non-state parties to the Rome Statute in southeast Asia : challenges and prospects under the complementarity principle." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237101.

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4

Wafula, Tumani Regina. "Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism." University of the Western Cape, 2012. http://hdl.handle.net/11394/4632.

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Magister Legum - LLM
The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.
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5

Moussavou, Charlène Mirca. "Le statut de victime de crimes internationaux devant la cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1097.

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Face aux atrocités qu'ont connu les 19ème et 20ème siècles en terme de crimes de masse, de nombreuses tentatives ont mené la communauté internationale à la création d'une cour criminelle internationale capable de juger les responsables des « grands crimes de guerre » au cours des conflits mondiaux. A travers la lettre et l'esprit du Statut de la cour pénale internationale, on note avec soulagement le regain d'intérêt de la justice pénale internationale pour la victime et pour sa reconstruction. Jusque là, cette dernière était principalement centrée sur le criminel, le but premier de cette dernière étant la lutte contre l'impunité. L'une des innovations majeures qu'a apportée le Statut de Rome réside dans la place centrale accordée aux victimes dans la procédure. A la différence de ses prédécesseurs, la CPI leur confère à la fois un statut pénal et civil ; elles disposent d'un droit de participation au procès pénal dès son commencement sous des conditions strictement encadrées par le juge ainsi qu'un droit à la réparation du préjudice qu'elles ont subi. Mais quelle est l'étendue réelle de l'implication des victimes dans ces procédures et quelles en sont les limites et conséquences pratiques au regard des objectifs fixés à l'origine ? Cette étude se propose de procéder à un examen approfondi du dispositif consacrant les droits des victimes de crimes internationaux et à une analyse de ses premières applications
To the atrocities experienced by the 19th and 20th centuries in terms of mass crimes, many attempts have led the international community to create an international criminal court to prosecute those responsible for the "big war crimes" during global conflicts. Through the letter and spirit of the Statute of the International Criminal Court, we note with relief the renewed interest of the international criminal justice for the victim and for its reconstruction. Until then, it was mainly focused on the criminal, the first goal of the latter being the fight against impunity. One of the major innovations made by the Rome Statute is the central place for victims in the proceedings. Unlike its predecessors, the ICC gives them both a criminal and civil status ; they have a right to participate in criminal proceedings from its beginning under conditions strictly controlled by the judge and a right to compensation for damage suffered. But what is the real victim involvement in these processes, and what are its limitations and practical implications to the objectives originally set extension ? This study aims to conduct a thorough review of the device providing the rights of victims of international crimes and an analysis of its first applications
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6

Perkins, Jared David. "Friends of the State Courts: Organized Interests and State Courts of Last Resort." Thesis, University of North Texas, 2016. https://digital.library.unt.edu/ark:/67531/metadc955125/.

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Why do interest groups participate in state courts of last resort by filing amicus curiae briefs? Are they influential when they do? This dissertation examines these questions using an original survey of organized interests that routinely participate in state supreme courts, as well as data on all amicus curiae briefs and majority opinions in over 14,000 cases decided in all fifty-two state supreme courts for a four year period. I argue that interest groups turn to state judiciaries to achieve the dual goals of influencing policy and organizational maintenance, as amicus briefs can help organized interests achieve both outcomes. Furthermore, I contend that amicus briefs are influential in shaping judicial policy-making through the provision of legally persuasive arguments. The results suggest that interest groups do file amicus briefs to both lobby for their preferred policies and to support their organization's long-term viability. Additionally, the results indicate that organized interests also participate in counteractive lobbying in state courts of last resort by filing amicus briefs to ensure their side is represented and to dull the effect of oppositional amici. The findings also demonstrate support for the influence of amicus briefs on judicial policy-making on state high courts, as amicus briefs can influence the ideological direction of the court's majority opinions. Overall, this research extends our understanding of interest group lobbing in the judiciary and in state policy venues, and provides insight into judicial politics and policy-making on state courts of last resort.
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7

Mangezi, Mutsa. "International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.

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In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.
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Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.

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Thesis (LLM)--Stellenbosch University, 2013.
Bibliography
ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find and punish persons alleged to have committed the crimes within the jurisdiction of the Court (war crimes, crimes against humanity, and genocide). This is particularly challenging where such persons are nationals of non-States Parties. The various meanings of international cooperation in criminal matters is discussed with reference to and distinguished from the cooperation regime of the International Criminal Tribunals for Rwanda and the former Yugoslavia. For States Parties to the Rome Statute, the thesis evaluates the measure of their inability or unwillingness to genuinely prosecute persons alleged to have committed crimes within the jurisdiction of the Court within the context of the principle of complementarity. It seeks to address, where such inability or unwillingness has been determined by the Court, how effective the cooperation between the States Parties and the Court could best serve the interests of justice. The thesis answers the question on what extent the principle of complementarity influences the cooperation of States with the Court, whether or not these States are party to the Rome Statute. The concept of positive complementarity that establishes a measure of cooperation between the Court and the national criminal jurisdictions is further explored in the context of the Court’s capacity to strengthen local ownership of the enforcement of international criminal justice. A nuanced discussion on the practice of the Court with respect to the right of persons before the Court is developed. The rights of an accused in different phases of Court proceedings and the rights of victims and affected communities of crimes within the Court’s jurisdiction are considered at length and in the light of recently-established principles regulating the Court’s treatment of these individuals. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law predominantly from states to individuals and bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations to the Rome Statute. Finally the thesis interrogates the enforcement mechanisms under the Rome Statute. Unlike States, the Court does not have an enforcement entity such as a Police Force that would arrest persons accused of committing crimes within its jurisdiction, conduct searches and seizures or compel witnesses to appear before the Court. Yet, the Court must critically assess its practice of enforcing sentences that it imposes on convicted persons and in its contribution to restorative justice, the enforcement of reparations orders in collaboration with other Rome Statute entities such as the Trust Fund for Victims.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n weerspieëling van die bepalings van die Statuut van Rome in verhouding tot die mees fundamentele voorwaarde vir die effektiewe funksionering van die Hof - die samewerking van State. Dit ondersoek breedweg die uitdagings wat deur die Hof ervaar word met betrekking tot die toepassing van Deel IX soos byvoorbeeld of State wat nie partye is tot die Statuut van Rome, nieteenstaande hul reg om nie deel te wees nie, verplig kan word om saam te werk met die Hof weens die internasionale gewoontereg verpligting om alle persone wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof (oorlogsmisdade, misdade teen die mensdom en volksmoord) te verhinder, vind en straf. Dit is veral uitdagend waar sodanige persone burgers is van State wat nie partye is nie. Die verskillende betekenisse van die internasionale samewerking in kriminele sake word bespreek met verwysing na, en onderskei van, die samewerkende stelsel van die Internasionale Kriminele Tribunale vir Rwanda en die voormalige Joego-Slawië. Vir State wat partye is tot die Statuut van Rome, evalueer die tesis - in die konteks van die beginsel van komplementariteit - die mate van hul onvermoë, of ongewilligheid om werklik persone te vervolg wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof. Dit poog om aan te spreek, waar so 'n onvermoë of ongewilligheid bepaal is deur die Hof, hoe effektiewe samewerking tussen State wat partye is en die Hof, die belange van geregtigheid die beste kan dien. Die tesis beantwoord die vraag op watter mate die beginsel van komplementariteit die samewerking van die State met die Hof beïnvloed, ongeag of hierdie State partye is tot die Statuut van Rome. Die konsep van positiewe komplementariteit wat samewerking vestig tussen die Hof en die nasionale jurisdiksies aangaande kriminele sake word verder ondersoek in die konteks van die Hof se vermoë om plaaslike eienaarskap in die handhawing van die internasionale kriminele regstelsel te versterk. 'n Genuanseerde bespreking op die praktyk van die Hof met betrekking tot die reg van persone voor die Hof word ontwikkel. Die regte van 'n beskuldigde in die verskillende fases van die hof verrigtinge en die regte van slagoffers en geaffekteerde gemeenskappe van misdade binne die hof se jurisdiksie word in diepte bespreek in die lig van die onlangs gevestigde beginsels wat die Hof se behandeling van hierdie individue reguleer. Hierdie persone is sleutel gespreksgenote in die internasionale kriminele regstelsel en het die tradisionele fokus verskuif van die internasionale reg van State na individue, en bring oor 'n ander soort verhouding tussen State as 'n kollektiewe en hulle behandeling van hierdie individue as gevolg van hul verpligtinge aan die Statuut van Rome. Ten slotte bevraagteken die tesis die handhawings meganismes onder die Statuut van Rome. In teenstelling met State, het die Hof nie 'n handhawing entiteit soos 'n Polisiemag wat persone kon arresteer wat beskuldig word van misdade binne sy jurisdiksie, deursoek en beslagleggings uitvoer of persone dwing om as getuies te verskyn voor die Hof nie. Tog, moet die Hof sy praktyk van uitvoering van vonnisse wat dit oplê op veroordeelde persone en in sy bydrae tot herstellende geregtigheid die handhawing van herstelling in samewerking met ander Statuut van Rome entiteite soos die Trust Fonds vir Slagoffers krities assesseer.
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9

Stagel, Daniela. "Sicherheitsrat und Internationaler Strafgerichtshof : zur Abgrenzung ihrer Kompetenzen nach der Charta der Vereinten Nationen und dem Römischen Statut /." Hamburg : Kovač, 2008. http://www.verlagdrkovac.de/978-3-8300-3379-0.htm.

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10

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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Norris, Mikel, and Colin Glennon. "Analyzing Gendered Vulnerability in State Court Elections." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu-works/7771.

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12

Becker, Kane Jenna. "Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts." Diss., Temple University Libraries, 2015. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/310221.

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Political Science
Ph.D.
Despite well documented evidence that both the level and diversity of amicus participation in state high courts have been growing, we know little about whether or under what conditions amicus briefs have an impact on court outcomes. This dissertation investigates how interest groups attempt to influence state supreme courts through their participation as amicus curiae. Using an original dataset assembled from content analysis of more than 2300 state supreme court decisions handed down between 1995 and 2010 and spanning three distinct areas of law - products liability, environmental law, and free speech/expression - I find that amicus briefs submitted by interest groups have the most influence over judicial outcomes in areas of law where interest groups routinely make large-scale donations to judicial campaigns. These results raise serious concerns about the influence of big money in judicial elections. The second part of this dissertation tests two competing theories of amicus influence to determine how state high court judges utilize amicus brief information in judicial decision making. The informational theory assumes the influence of amicus brief information to be evenly distributed across judges. However, theories of confirmation bias and motivated reasoning suggest that the information in amicus briefs may be received and evaluated differently depending upon the ideological predispositions of individual judges. Using multi-level modeling, I analyze the votes of more than 12,000 individual state high court judges to determine whether judge ideology conditions the influence of amicus briefs such that judges are more receptive to pro-attitudinal information contained in briefs from interest groups that share their predispositions. Results suggest that method of judicial retention and area of case law structures the mechanism of amicus brief influence. Amicus briefs appear to play an informational role in complex areas of case law but the presence of competitive judicial elections appear to alter the mechanism of amicus brief influence such that judicial responsiveness to amicus briefs is more closely tied to the reelection and campaign fundraising considerations of individual judges. The final portion of this dissertation investigates the case-level and court-level factors that attract interest group participation as amicus curiae in state high courts in order to better our understanding of interest group strategies when engaging state judiciaries. This paper tests the hypothesis that groups strategically target cases that will best serve the policy and institutional interests of the group, while focusing group resources on cases and courts where they are most likely to be successful. Results indicate that both liberal and conservative groups target state high courts that are elected through competitive and retention election processes rather than those that are appointed, suggesting that interest groups believe their influence will be greater with judges who are accountable to the public. Results also show that both liberal and conservative groups target courts from states that are ideologically sympathetic, but not necessarily from courts that are ideologically similar.
Temple University--Theses
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13

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

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While there has been a substantial body of research on interest group activity in U.S. federal courts, there has been comparatively little analysis of interest group engagement with state courts. Given that state courts adjudicate the vast majority of cases in the American legal system and very few cases are appealed to the Supreme Court, understanding why organized interests participate in these courts is of great importance. The present study analyzes interest group involvement as amicus curiae in all state courts of last resort from 1995-1999 to examine what factors motivate organized interests to turn to the courts. The results indicate that interest groups are primarily motivated by their policy goals in deciding which cases to file amicus briefs in, but that they are limited in their ability to file by institutional constraints unique to state courts of last resort. This research provides insight into interest group behavior, state courts and the role organized interests play in influencing legal outcomes in the American states.
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Boka, Marie. "La Cour Pénale Internationale entre droit et relations internationales, les faiblesses de la Cour à l'épreuve de la politique des Etats." Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-01022596.

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La jurisprudence de la Cour a été commentée et comparée à celle des tribunaux ad'hoc par de nombreux chercheurs. Cependant, ses interactions avec le système international (Etats, organisation internationales) furent quelque peu délaissées. Or, en tant que partie intégrante de ce système, elle ne peut être analysée comme un élément isolé. La stratégie du Procureur est incompréhensible si elle n'est pas rapprochée des attentes et préoccupations de la société internationale. Elle véhicule des valeurs et idéologies en provenance d'une certaine partie du monde au détriment des autres. il est vrai qu'elles sont largement acceptées par la communauté des nations, mais ce fait peut valider certaines réticences face au statut de Rome.Pour l'Union Africaine, la Cour est partiale, faite sur mesure pour les Etats africains plus faibles et la considère comme une nouvelle forme de néocolonialisme. Les ONG internationales, telle Human Right Watch, considèrent nombre de ses membres comme responsables de violations des droits de droits de l'Homme. Faut-il pour autant rejeter leurs préoccupations ?Quand les experts analysent le conseil de sécurité, ils oublient l'illégitimité des membres permanents en matière de respect des droits de l'Homme. L'intervention américaine en Irak fut en son temps dénoncée comme un crime d'agression, et leur incapacité à manipuler en leur faveur le Conseil de Sécurité les a encouragé à envisager une autre invasion en Syrie. Le manque de réaction internationale devant l'illégalité d'une telle opération est signe d'un traitement inégalitaire des Etats. Le rôle des médias ne doit pas être oublié.Pendant l'élaboration du statut de Rome, ses rédacteurs ont voulu préserver la souveraineté des Etats. Ils ont en fait donné aux Etats puissants l'assurance qu'ils échapperont aux poursuites devant la Cour.Ce travail analysera les accusations de partialité et d'efficacité de la Cour et proposera des mesures afin de la rendre plus juste et équitable.
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Bisset, Alison. "The Coexistence of Truth Commissions and criminal courts under the prosecutorial regime of the Romes statute of the international Criminal Court." Thesis, University of Dundee, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.500570.

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16

Junck, Christoph. "Die Gerichtsbarkeit des Internationalen Strafgerichtshofs : Vorbedingungen und Auslösemechanismen nach dem Römischen Statut vom 17. Juli 1998 /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/505972980.pdf.

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Givens, John Wagner. "Suing dragons? : taking the Chinese state to court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a016f84a-3df8-4df7-88bb-4475372022f0.

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This dissertation analyses the ability of Chinese lawyers to use administrative litigation to protect individuals and groups from an authoritarian state that frequently infringes on their rights. These plaintiffs fill administrative courts in China, opposing the overzealous tactics of police, challenging the expropriation of their land, and disputing the seizure and demolition of their homes. Empirically, it relies on several unique data sources in a mixed-methodological approach. Qualitative and small-n quantitative data from 126 interviews with a random sample of Chinese lawyers and 52 additional interviews are supplemented by documentary sources. These findings are then tested against official data and a large survey of Chinese lawyers. This research demonstrates that administrative litigation is part of a polycentric authoritarian system that helps the Chinese state to monitor its agents, allows limited political participation, and facilitates economic development (Chapter One). By giving ordinary Chinese a chance to hold their local governments accountable in court, administrative litigation represents a significant step towards rule of law, but its limited scope means that it has not been accompanied by dramatic liberalisation (Chapter Three). In part, this is because the most prolific and successful administrative litigators are politically embedded lawyers, insiders who challenge the state in court but eschew the most radical cases and tactics (Chapter Four). The tactics that allow politically embedded lawyers to successfully litigate administrative cases rely on and contribute to China’s polycentric authoritarianism by drawing in other state, quasi-state, and non-state actors (Chapter Five). Multinationals in China are largely failing to contribute to the development of China’s legal system because they readily accept preferential treatment from the Chinese state as an alternative to litigation (Chapter Six). While administrative litigation bolsters China’s polycentric authoritarianism in the short term, it offers tremendous potential for rationalisation, liberalisation, and even democratisation in the long term.
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Williams, Margaret Susan. "Women judges: accession at the state court level." The Ohio State University, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=osu1092171263.

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Aigle, Pierre-Etienne Paille François. "Evolution du statut nutritionnel de personnes âgées au cours de leur hospitalisation en court séjour gériatrique enquête à propos de 82 patients /." [S.l] : [s.n], 2004. http://www.scd.uhp-nancy.fr/docnum/SCDMED_T_2004_AIGLE_PIERRE_ETIENNE.pdf.

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Lopeman, Charles Samuel. "Activism in state supreme courts /." The Ohio State University, 1995. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487862399449185.

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Aceng, Judith Christabella. "Progress and challenges of implementing the Rome statute of the international criminal court in Uganda." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/3799.

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Magister Legum - LLM
The aim of this study is the coming into force of the Rome Statute of the International Criminal Court was a thriving success for the international community insofar as that it contributed greatly to international criminal law jurisprudence. The Rome Statute establishes the International Criminal Court and confers upon the ICC jurisdiction over the international crimes namely: the crime of genocide; crimes against humanity; war crimes and the crime of aggression
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Neal, Roderick Q. "The State of the Drug Court: A Systematic and Critical Analysis of Drug Court Evaluations." Diss., Virginia Tech, 2010. http://hdl.handle.net/10919/29217.

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Drug courts have become an important part of adult and juvenile corrections. Since the establishment of the first adult drug court in 1989, the therapeutic court model has developed, and can now be considered a significant component in American criminal justice. The problem is adult drug courts have faced considerable disapproval in the area of evaluation and documentation. Through the Bureau of Justice Assistance (BJA), the federal government allots millions of dollars to support drug court programs; there have been attempts to count and record the activities of these programs with little success, there is little uniform data on actual drug court success nationwide. The intent of this dissertation was to systematically and critically analyze drug court evaluations. My major goal was to demonstrate the need for uniformity in regards to assessing the impacts on outcomes. I analyzed drug court evaluations and their attempt to identify factors that contribute to graduation, in-program recidivism/ retention rates, drug treatment relapse and postprogram recidivism rates. Forty drug court evaluations were used in this examination. Further, I introduced a model that will aid in examining the impacts on outcome. My studies' unit of analysis is the evaluation report. I attempted to explain specific issues, such as how well drug courts work for different types of offenders. I was also able to generate a well founded policy recommendation for the evaluation of drug courts based on empirical data and literature. Conclusions show that Drug Courts do reduce post-program recidivism however there were certain impacts on graduation and termination rates. I also demonstrated the need for more methodologically sound and uniform evaluations in order to determine effectiveness.
Ph. D.
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23

Monaco, Jason T. "Oceans apart : the United States, the European Union, and the International Criminal Court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03sep%5FMonaco.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, September 2003.
Thesis advisor(s): Daniel Moran, David S. Yost. Includes bibliographical references (p. 93-102). Also available online.
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24

Murungu, Chacha Bhoke. "Immunity of state officials and prosecution of international crimes in Africa." Thesis, University of Pretoria, 2011. http://hdl.handle.net/2263/25163.

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This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa.
Thesis (LLD)--University of Pretoria, 2012.
Centre for Human Rights
unrestricted
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25

Matthews, Abigail Anne. "Connected courts: the diffusion of precedent across state supreme courts." Diss., University of Iowa, 2017. https://ir.uiowa.edu/etd/5809.

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State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why state supreme courts cite each other in their opinions led me to pose two questions. First, under what conditions do state supreme courts cite other states supreme courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair it with network theory and methods to explain peer-to-peer state supreme court citations practices. I argue that courts are social actors who interact, influence, and learn from one another, and the citations are communications by and between the courts. To model citations between courts, I apply a temporal exponential random graph network analysis model or TERGM. TERGMs simulate the evolution of the state-to-state citation network by including aspects of both the courts and the network structure. I argue that only by understanding how networks and issue areas evolve can we begin to understand how courts and justices make decisions. The network approach to citations specifically tests these endogenous relationships, it also directly models the complex dependencies of citation networks. My findings demonstrate the courts became more connected over time and no single state supreme court leader emerges. I find that citations are endogenous; what one court does affects other courts. I also discover that the area of law matters a lot and it is insufficient to pool all legal issues into a single model. Finally, state supreme courts do not cite state supreme courts who look like them. Overall, the evidence suggests the courts are learning from each other. The courts’ written language discloses the mechanism. Courts state their own case law does not provide a solution to the question presented and they must seek answers elsewhere. Additionally, the courts do not always cite the same state, as we would expect from emulation. Together, these findings demonstrate that state supreme courts are connected, they learn from one another.
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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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27

Dale, Adi Dekebo. "Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?" Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5512.

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Magister Legum - LLM
The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United Nations, international human rights organisations, and media. Besides, the group itself gives first-hand information through social media and its magazine. Having witnessed the atrocities committed by Islamic State of Iraq and the Levant, the United Nations Security Council affirmed that the Islamic State of Iraq and the Levant’s conduct in Syria and Iraq is a threat to international peace and security. Therefore, the media and various role players have called for the intervention of International Criminal Court. This research paper analyses whether the International Criminal Court is a viable prosecutorial option to account the Islamic State of Iraq and the Levant members for their crimes. For the Court to be a viable prosecutorial avenue, it must have a jurisdiction. Accordingly, this research paper critically examines whether the International Criminal Court has subject matter, personal and/or territorial jurisdictions to try the Islamic State of Iraq and the Levant perpetrators. The study concludes that although the criminal conducts by Islamic State of Iraq and the Levant members constitute crimes under the Rome Statute, the Court, however, has limited jurisdictional reach over the perpetrators. It is submitted that with a limited and fragmented territorial and personal jurisdictional reach over the perpetrators, the Court is not a viable prosecutorial avenue.
German Academic Exchange Service (DAAD).
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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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Hoyt, Joshua D. "Juvenile Drug Court: Predictors of Graduation and Non-Graduation Status." DigitalCommons@USU, 2012. https://digitalcommons.usu.edu/etd/1294.

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Drug use has become an epidemic in our nation, filling our jails and prisons with nonviolent offenders. Studies have shown that adult drug courts are a good alternative to the prison system by being successful in reducing recidivism and long term costs. To date, however, few studies have looked specifically at the effectiveness of juvenile drug courts and their cost effectiveness. Further, the possible benefits of lower attrition rate and cost benefit are being overshadowed by the low attrition rate among juvenile drug court participants. Nearly half of all juvenile drug court participants do not complete the juvenile drug court program. Additionally, studies have shown that juvenile participants who do graduate have lower attrition rates and other benefits. Due to the benefits of juveniles who graduate from a juvenile drug court program, understanding the difference between those who graduate and those who do not can add significant understanding on how juvenile drug courts can be modified in order to help juveniles successfully graduate from the drug court program. This study will shed light on specific pre-drug court demographics and behaviors that were different among juveniles who successfully graduate and those who are unsuccessful in graduating from the juvenile drug court program. The Idaho Supreme Court, which oversees the JDC program in Idaho, collaborated in this effort by providing a statewide juvenile drug court data set, drawn from the Idaho Statewide Trial Court Automated System (ISTARS). The data set included all information that was gathered for drug court participants during the January 2004 - December 2005 period, for who had completed the program either successfully or unsuccessfully. Subsequent analysis of the data clarified the difference between groups of those who graduated and those who did not graduate, specifically that a significant difference was found between groups in the following characteristics: gender, school attendance, and in-treatment drug tests.
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Filbert, Nicksoni. "The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes." University of the Western Cape, 2017. http://hdl.handle.net/11394/6348.

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Magister Legum - LLM (Criminal Justice and Procedure)
In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice and Human and Peoples' Rights (ACJHPR) by vesting it with criminal jurisdiction. The ACJHPR will comprise of three sections, namely, a General Affairs Section, a Human and Peoples' Rights Section and an International Criminal Law Section. The Malabo Protocol, therefore, confers the proposed ACJHPR with criminal jurisdiction over international and transnational crimes. Although the Malabo Protocol and its Statute are not yet in force, the fact that in Africa there is a possibility of having the 'African Criminal Court (ACC)' deserves a critical analysis.
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SERRANO, PAULO MARCELO DE MIRANDA. "PATHS TO THE COURT: STATE AND SOCIETY IN THE NOMINATION OF JUSTICES TO THE BRAZILIAN SUPREME COURT." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2015. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=26899@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
O tema da pesquisa é o Supremo Tribunal Federal, enfrentando a seguinte questão: o modelo de escolha dos ministros do STF deve ser alterado ou mantido? A investigação tem por objetivo chaves para essa indagação. A relevância do tema é justificada pela importância, no cenário nacional, do Supremo Tribunal Federal, que, além de se encontrar no vértice do Poder Judiciário, encontra-se presente, de forma crescente, na vida contemporânea da sociedade brasileira. São objetivos intermediários da pesquisa: verificar por que o Senado brasileiro, nos séculos 20 e 21, até o momento, jamais deixou de aprovar a escolha dos presidentes da República; quem são os ministros do período mais recente, adotando-se como delimitação temporal os trintas anos do período de redemocratização iniciados em 1985; e, finalmente, por que o Brasil mudou tanto desde 1891 e a forma de escolha dos ministros do STF nunca foi alterada, bem como de que maneira o aparente paradoxo existente entre um sistema institucional dinâmico e um modelo de escolha conservador pode nos revelar o caráter do sistema institucional brasileiro. Ao final, respondendo ao objetivo geral, avalia-se quais são as alterações com maior viabilidade de serem introduzidas, tanto por cambio formal do modelo, quanto pelo modo de sua efetivação e acompanhamento pela sociedade. A seguir, é feita contribuição própria, apontando caminhos para ensejar e motivar a participação da sociedade civil no processo. Encerrando o trabalho, após desvendar os caminhos que levam homens e mulheres para a Corte Suprema brasileira, que, por sua vez, determinam os caminhos que a própria Corte percorrerá, é feito, em considerações finais, um esforço interpretativo que sugere o que pode a escolha dos ministros do Supremo Tribunal Federal, enquanto fenômeno sócio-político, revelar sobre o Brasil contemporâneo.
The research theme is the Brazilian Supreme Court, facing the following question: should the model of choosing the justices be altered or maintained? The goal of the investigation is finding keys to this question. The relevance of the theme is justified by the importance, in the national scene, of the Brazilian Supreme Court, which not only is at the top of the Judiciary Power, but finds itself increasingly present in contemporary brazilian society life. Intermediate goals of the research are: investigate why the brazilian Senate, from the 20th and 21st century until present day, has never disapproved the choice of presidents of the Republic; who are the most recent ministers, setting as temporal delimitation the thirty years of redemocratization starting in 1985; and finally, why did Brazil change so much since 1891 and the model of choosing justices was never altered, as well as how the apparently existing paradox between an institutional dynamic system and a conservative model of choice can reveal the character of the Brazilian institutional system. In closing, while answering the main goals, an review on the alterations with most viability of being introduced in provided, both by formal model switching as well as by method of execution and followup by society. After that, a personal contribution is made, pointing paths to give rise and motivate participation of the civil society in this process. Finishing the research, after unveiling the paths that lead men and women to the Brazilian Supreme Court, paths that determine the course of the Court itself, an effort is made, as final considerations, suggesting what the choice of ministers of the Brazilian Supreme Court, as a social-political phenomena, reveal about contemporary Brazil.
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Nabukeera, Catherine. "The international crimes division of Uganda: Complementry in practice." University of the Western Cape, 2017. http://hdl.handle.net/11394/6370.

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Magister Legum - LLM (Criminal Justice and Procedure)
In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people lost lives in the two world wars and in conflicts in Rwanda, Sierra Leone and the former Yugoslavia. Although the International Military Tribunal and ad hoc courts prosecuted some of the major perpetrators in these conflicts, before then, many criminals such as German Kaiser, Wilhelm II, remained unpunished. The International Criminal Court (ICC) is the first permanent court with jurisdiction over the most malignant crimes threatening the peace, security and well-being of the world.
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Nolette, Paul Brian. "Advancing National Policy in the Courts: The Use of Multistate Litigation by State Attorneys General." Thesis, Boston College, 2011. http://hdl.handle.net/2345/bc-ir:104391.

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Thesis advisor: Shep Melnick
This dissertation examines the use of coordinated multistate lawsuits by state attorneys general (SAGs) as a tool to create national policy. Entrepreneurial SAGs have increasingly employed multistate litigation against private industry and the federal government, reaching numerous out-of-court settlements and favorable court judgments. These lawsuits have imposed new national regulatory requirements across several policy areas and have challenged regulatory regimes established by Congress and federal agencies. This study investigates three interrelated questions about multistate SAG litigation: (1) how SAGs have used this litigation to achieve national regulatory goals, (2) why this activity has increased over time, and (3) what the consequences are for American politics and policy. Employing both qualitative and quantitative analysis, I examine these questions through two stages. First, I present an analysis of an original dataset containing SAG lawsuits and legal settlements in four key policy areas covering 1980 through 2009. Second, I examine three case studies involving pharmaceutical litigation, air pollution control litigation, and lawsuits against the firearms industry. I find that changes in federal law instituted by Congress and the federal courts have created new opportunity points for SAGs, helping spur a dramatic increase of multistate litigation. The SAGs built upon earlier successful efforts, including their blockbuster settlement with the tobacco industry in 1998, to create new avenues of collaboration among their fellow SAGs, public interest groups, and the private bar. The result has been to substantially alter the regulatory landscape in areas including prescription drug pricing, pharmaceutical advertising, and greenhouse gas emissions. By shedding light on this significant form of "regulation through litigation," this dissertation illustrates how SAGs have seized upon the trend towards adversarial legalism in America by using the courts to achieve policy goals when attempts to do so in other venues fail. This runs contrary to a line of scholarly literature suggesting that litigation and courts have a limited impact on significant social change. This study also demonstrates how American federalism, commonly thought to serve as a restraint on the federal government by diffusing power, can be used by skillful political actors to create more energetic government and stronger national regulation
Thesis (PhD) — Boston College, 2011
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Political Science
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Dor, Gal. "State, society and the in-between court, the Israeli experience." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0002/MQ40988.pdf.

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35

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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36

Tarhan, Celebi Gulce. "The Constitutional Court of Turkey from State-in-Society Perspective." Thesis, University of Oregon, 2018. http://hdl.handle.net/1794/23159.

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This dissertation examines the role of the social struggles and alliances in shaping the Constitutional Court rulings that structure core political controversies in Turkey. By adopting Joel Migdal’s State-in-Society approach, the Court is conceived as an organization that exists in an environment of conflict. By following a process oriented approach, this study analyzes the ways in which the relation between the Court and other actors influence the Constitutional Court of Turkey’s motives, capacity and manner of activism mainly during the period under the 1961 Constitution. This study argues that the limits of the Court’s power and its role in structuring the core political controversies that define and divide society can be explained by looking at the alliances formed between the Court and other actors. Alliances extend the jurisdiction of the Court by opening new avenues for political intervention and creating a support network for the reasoning and the justification of its rulings. By comparing the Court’s activism under the 1961 Constitution and under the 1982 Constitution, it is demonstrated that neither the nature nor the influence of these alliances remains static. In fact, this dissertation points out that we need to make a conceptual differentiation between two forms of alliances; strategic alliances and judicial coalitions. Strategic alliances refer to implicit alliances between the Court and other actors formed around an issue, whereas judicial coalitions refer to alliances based on a common normative framework and a shared identity. Whereas the Court’s activism in the first period is best described in terms of a strategic alliance, its activism in the 1990’s and 2000’s is best described with the term judicial coalition.
10000-01-01
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37

Lopez, Victor S. "Electing State Court Judges| Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy." Thesis, University of Nevada, Reno, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10809285.

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Traditional democratic political theorists promote the idea that Supreme Court exercises of judicial review create a counter-majoritarian difficulty , theoretically threatening the foundation of American democracy. Nevertheless, Alexander M. Bickel and other writers, while accepting this premise, seek to reconcile the judicial review power with democratic principles. This thesis rejects the existence of a difficulty. It proposes a historically-based approach for studying democratic theory which considers the elective reality among state judiciaries, and then including these judges’ decision making in theoretical discussions. The fact that state court judges are subject to popular vote earns them a substantial degree of democratic legitimacy because they are closer to people than appointed federal counterparts. They more frequently adjudicate common issues affecting peoples’ everyday lives, and they far outnumber U.S. Supreme Court Justices. These predominantly elected judges also interact with the public when they periodically step into the political arena to engage in campaign activities (i.e., election, re-election, or retention).

The pervasive nature of the state judicial role and judge elections acquaint the populace with who these judges are and what they do in ways that are unimaginable for the few and remote Supreme Court appointees. As a result, the thesis questions theorists’ proclivity to analyze the counter-majoritarian issue by considering only the Supreme Court’s potential impact on the public sentiment. The Supreme Court lens, it will be argued, is too narrow and unrepresentative of the many and complex state court decisions that result in social control and regularly impact the public mind. This thesis remedies the omission of state court decisions from the analysis.

As a part of this investigation, the thesis reviews the nineteenth century transformation of the state judicial office from a legislatively-appointed position to one that became subject to popular vote. During the post-Jacksonian era of democratization, state constitution makers committed to remake state governments by rescuing their political institutions from the claws of the ill-fated experiment of legislatively dominant state governments. Recurrent economic depression, poverty, and instances of government corruption early in the century, led voters to demand fundamental reform. Leading into the 1850s, reformers accepted the important truth that the dominant-legislative model lacked needed checks and balances against public abuse. They slowly recognized that a balanced tripartite system was essential for effective governance.

Judiciaries needed to be strengthened if judges were going to assist in securing roughly balanced state government. Abandoning appointments and embracing judicial review and elections led to needed separation and independence of judiciaries from adjoining branches. These reforms also empowered judges to oversee and maintain adjoining branches within newly defined constitutional spending and lawmaking limits. This also bolstered the ability of judges to protect individual rights against government intrusion. Newly empowered judiciaries thus promoted governmental equilibrium against legislatures and executives whose powers were also more clearly defined. Understanding these reforms holds a key to recognizing the taming of formerly dominant legislatures. Considering this combination of changes also reveals how apparently divergent elements (i.e., elections and review power) may be reasonably credited with saving state governments from ruinous corruption and promoting democratic legitimacy. The proposed state-centric analytic model requires theorists to reconsider prior approaches to democratic political theory, including the federal Supreme Court view. The refocus on state court decision making and elections permits more precise consideration of crucial questions. For example, it is important to see, and document, the extent to which American courts exercise consequential judicial review, and to appreciate whether the public actually sees such exercises as problematic, as the Supreme Court view asserts. This approach also helps to illuminate how judges’ participation in campaigns affects public views of legitimacy. The proposed approach offers a richer evidence-base (i.e., state court exercises of the power) on which to base assertions about whether judicial review (and elections)—rather than being a deviant force—actually harmonizes democracy with the American system for the fair administration of justice.

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38

Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.

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39

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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40

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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41

Zimmerman, Rebecca. "Winning off the Court." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1840.

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This case study examines a Philadelphia suburban school district, Lower Merion, and its failures to substantively integrate African-American students in the 21st century. Through a close analysis of the high school's basketball program, largely funded and popularized by Lower Merion alumnus Kobe Bryant, this case study exposes how extracurricular programs structure unequal expectations for African-American students in otherwise "excellent" public schools. By using oral history and local archival materials, Winning off the Court examines an all too common issue across modern American suburbia: public schools failing their minority populations while still purporting to be successful on a national scale.
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42

Bogan, Sean Anthony. "Defences to crimes under the Rome Statute of the International Criminal Court." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/25230.

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The topic of defences to crimes under international law has been described as the “most confused and contentious area of international criminal law” (M. Lippman, “Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War”, (1996) 15 Dickinson Journal of International Law 1, pp. 1-2). While the Rome Statute of the International criminal Court offers, for the first time in the history of conventional international criminal law, a codification of available defences, this codification is only partial. Defences not enumerated within the Rome Statute may still be considered by the International Criminal Court where they derive from a defined set of “applicable law”. It is the purpose of this thesis to assist in the process of arriving at a comprehensive understanding of which defences may be raised and relied upon by defendants appearing before the International Criminal Court. This thesis seeks to assist in that process through two means. In Part One, this thesis examines the principal norms which govern the application and interpretation of law under the Rome Statue of the International Criminal Court in so far as they are relevant to determining the admissibility and content of defences to crimes under the Statute. Part One examines: (1) The “applicable law” of the Rome Statute. Defences not enumerated within the Statute must derive from the “applicable law”, as defined in Article 21 of the statute, in order to be considered by the International Criminal Court. Therefore, a comprehensive understanding of which defences may be considered by the Court can only follow from an understanding of precisely which sources of law belong to the “applicable law” in Article 21 of the Statute. This thesis examines whether the “applicable law” of the Statute includes the entire corpus  of general international law, and which, if any, treaties, considered qua treaty law, are included; (2) The principle nullum crimen sine lege. This principle incorporates both rules of application and interpretation. It is argued that the principle (which is incorporated, inter alia, in Article 22 of the Rome Statute) is applicable to defences, and entails certain corollaries including a prohibition on the ex post facto repeal of pre-existing defences and a prohibition on the narrow construction of such defences contrary to the interests of defendants; (3) The extent of permissible judicial discretion under the Rome Statute.  Where a defence, not enumerated within the Rome Statute, derives nevertheless from the “applicable law” of the Statue and upon its proper interpretation would operate to exculpate the defendant, there is a question as to whether the International Criminal Court must admit that defence, or whether the admissibility of the defence is only discretionary, Article 31(3) of the Rome Statute states merely that the International Criminal Court “may” consider defences not enumerated within the Statute, a provision which is ostensibly discretionary. This thesis argues that the power of the International Criminal Court to consider and apply non-enumerated defences is not discretionary, but rather is a power to be exercised de jure. Where certain preconditions are met, the International Criminal Court must admit the relevant defence. This conclusion follows not merely from the principle nullum crimen sine lege, but also from the ordinary rules of construction of treaties as located in the Vienna Convention on the Law of Treaties. Part Two of this thesis examines these rules of application and interpretation in concreto in the context of one particularly controversial defence, the defence of belligerent reprisals. Part Two incorporates an in-depth examination of the status of the defence under customary and conventional international law. Many of the arguments located in academic writings and (in obiter) in case law, seeking to deny the admissibility of the defence in certain or all circumstances, are juridically weak and, in some cases, inconsistent with the principle nullum crimen sine lege. This thesis concludes, however, that at least one of these arguments (positing a prohibition on the right to engage reprisals against persons and objects protected under the Geneva conventions of 1949 and Protocol I Additional to the Geneva Conventions of 1977, on the basis of an obligation on parties to those conventions to respect the conventions “in all circumstances”) while juridically weak, nevertheless is not violative of the principle nullum crimen sine lege  and may therefore be relied upon by the International Criminal Court, consistently with the rules of interpretation and application of the Rome Statute, as a basis for denying the defence of reprisals.
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43

Quine, Jay A. "An examination of the status of court involvement in church discipline procedures." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.

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44

Bakama, Bope Eugène. "Les fonctions de prévention et de réconciliation de la Cour pénale internationale : cas de la république démocratique du Congo." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0395.

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A côté de la fonction judiciaire de mettre fin à l’impunité des auteurs des crimes visés dans son statut, les États parties ont assigné à la Cour pénale internationale la fonction de les prévenir. L’interprétation de certaines dispositions du Statut de Rome conduit à lui reconnaître aussi une fonction réconciliatrice ou pacificatrice de facto. Existe-t-il une obligation de prévenir les crimes internationaux les plus graves ? Quels sont les contours de la fonction préventive qui figure dans le Statut de Rome ? La prévention par l’action judiciaire est-elle suffisante pour empêcher la répétition des crimes, en particulier dans le cas de la République démocratique du Congo ? Existe-t-il une fonction judiciaire réconciliatrice ? Si oui, sous quelles formes ? Comment ces deux fonctions s’articulent avec les autres, répressive et réparatrice. Dans la première partie de cette thèse, l'approche retenue a consisté à analyser les dispositions du Statut de Rome et l'attitude des organes de la cour dans la logique de la prévention. Quoique l'objectif soit mentionné dans ledit statut, il reste de nombreux progrès à effectuer dans la mise en œuvre de ces dispositions, comme le révèle le cas de la RDC. Dans la deuxième partie, la thèse se concentre sur une approche prospective de la fonction réconciliatrice. L'examen de l'attitude de la cour ainsi que sa perception conduisent vers une réflexion sur le caractère réconciliateur des décisions juridictionnelles qu’elle a rendues ainsi que sur leurs limites. La thèse consacre alors certaines réflexions à l'intérêt de recourir à la justice transitionnelle dans le cadre de cette fonction réconciliatrice
In addition to the judicial function to put an end to the impunity of the perpetrators of the crimes referred to in its statute, States parties have assigned to the International criminal court the function of preventing them. The interpretation of some provisions of the Rome Statute also leads to a de facto reconciliatory or peacemaking function. Is there an obligation to prevent the most serious international crimes? What are the outlines of the preventive function which is foreseen by the Rome Statute? Is the prevention through judicial action sufficient to prevent the repetition of crimes, especially in the case of the Democratic Republic of Congo? Is there a reconciliation judicial function? If so, in what forms? How these two functions fit with others, repressive and restorative? In the first part of this thesis, the approach adopted is to analyze the provisions of the Rome Statute and the attitude of the organs of the court in the function of prevention. Although the objective is mentioned in the Rome Statute, there is still much progress to be made in implementing the spirit of these provisions, as the case on the DRC reveals. In the second part, the thesis focuses on a prospective approach to the reconciliation function. The analysis of the attitude of the court and its perception lead to a reflection on the reconciliatory character of the judicial decisions it has rendered and on their limits. The thesis then provides some reflections on the need to resort to transitional justice as part of this reconciliation function
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45

Ditslear, Corey Alan. "OFFICE OF THE SOLICITOR GENERAL PARTICIPATION BEFORE THE UNITED STATES SUPREME COURT: INFLUENCES ON THE DECISION-MAKING PROCESS." Columbus, Ohio : Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1041543128.

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Thesis (Ph. D.)--Ohio State University, 2003.
Title from first page of PDF file. Document formatted into pages; contains xi, 224 p. Includes abstract and vita. Advisor: Lawrence Baum, Dept. of Political Science. Includes bibliographical references (p. 215-224).
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46

Leonard, Meghan Elizabeth. "Delegation and Policy-Making on State High Courts." Diss., The University of Arizona, 2010. http://hdl.handle.net/10150/193807.

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As courts in separation-of-powers systems are said to have the power of neither the purse nor the sword, their institutional legitimacy is essential for ensuring compliance with their decisions. While institutional legitimacy has been examined in-depth for national high courts, the legitimacy of sub-national courts has been overlooked. In this dissertation I develop a new measure of court-level institutional legitimacy for state high courts. I use multilevel regression and poststratification to create state-level measures from individual-level survey results. In this dissertation, I develop a theory of review and delegation by state high courts. I argue that these courts work toward two main goals: implementing their policy preferences and maintaining the legitimacy of their institution. I argue for a two-stage process that considers whether or not the court will decide on the constitutionality of a statute in the first stage and whether they will overturn the statute and delegate policy control back to the other branches of government in the second. Relying on the literatures on both institutional legitimacy and political delegation, I suggest that courts may delegate policy control back to the other branches of government by specifically stating this in their opinion. Finally, I examine the conditions under which a state high court will delegate to either the state legislature or the executive branch. Overall, I find that legitimacy is important when considering state high court decision-making; and it must be considered along with political context and institutional rules as one of the central motivations for state high courts in separation of powers theories.
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Akanji, Olugbenga Rotimi. "Incarceration of Nonviolent Offenders at the High Court in Oyo State, Nigeria." Thesis, Walden University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10742944.

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The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges’ use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the Saldana data coding process framework. According to study findings, judges were inclined to use alternatives to incarceration for nonviolent offenders. Also, community correction could reduce overcrowding in prisons and provide the opportunity for self-improvement for nonviolent offenders supervised in the community. The implications for positive social change include a better understanding and implementation of community corrections for Nigeria judiciary and policymakers and the use of alternatives to incarceration for nonviolent offenders, which would improve rehabilitation, reformation, and reintegration of offenders into society.

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Truman, Iris. "A proposal for International Court of State and Corporate Disputes - the ICSCD." Thesis, University of Leicester, 2014. http://hdl.handle.net/2381/31617.

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The present study focuses on the gaps and lacunas of the current international legal system as a unified system, specialising in commercial and investment disputes arising between sovereign states and Multi-National Enterprises (MNEs). As shown extensively throughout this work, the lack of such court in an ever-tightening global economy has some rather severe implications both for the states and (to a lesser degree) for MNEs. Although numerous attempts have been made to rectify the situation, successful and comprehensive outcomes are still lacking. In response, this thesis proposes establishment of an International Court of State and Corporate Disputes (hereinafter ICSCD) as an answer to the various legal problems that the current system does not address. This type of court would give a coherence and finality to an international court system, both of which are mandatory for any legal system. Thus, this work presents an integration of the most important issues demonstrating the need for such a comprehensive system, and deepens the discussion on their inherited complexities and ramifications. Most significantly, it also attempts to show, as an original contribution to this field of study, how the ICSCD may provide satisfying answers for these issues ; i.e. definition of MNEs status and personality, conflict of interest between national and international courts, lack of an international commercial court that has jurisdiction world-wide, compliance, and enforceability of decisions.
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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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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.

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