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How the prospect of judicial review shapes bureaucratic decision making
Downloadable content.
- March 20, 2019
- Affiliation: College of Arts and Sciences, Department of Political Science
- Many observers view the judiciary as the weakest branch of American government due to its inability to unilaterally create policies and enforce change in domestic politics without the action of Congress and the president. Perhaps for this reason, existing research has often overlooked how federal agencies might strategically anticipate the influence of courts in the policymaking process. This study develops a general theory outlining the incentives that agencies possess to avoid costly litigation and the potential for unfavorable court judgments on the merits. Agencies, as a result, should make regulatory enforcement decisions based, in part, on how they expect relevant courts to view their actions. In order to test this theory, this study examines the regulatory behavior of three separate federal agencies--the Environmental Protection Agency, National Labor Relations Board, and the Occupational Safety & Health Review Commission. Using original data sets measuring each agency's regulatory enforcement decisions, the empirical analyses demonstrate how the ideological composition of federal courts exhibit a signicant impact on bureaucratic decision making. Most notably, the results highlight the U.S. Supreme Court as a consistent political constraint on each agency examined in the study. Thus, the judicial environment exhibits a meaningful impact on a diverse set of regulatory decision making in the American political system. This research provides scholars with new evidence on the extent of judicial influence in the policymaking process and interinstitutional politics more generally.
- August 2010
- https://doi.org/10.17615/h706-4949
- Dissertation
- In Copyright
- "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science."
- McGuire, Kevin T.
- University of North Carolina at Chapel Hill
- Chapel Hill, NC
- Open access
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Judicial review of administrative action should be presumptively available, the author argues. Through an analysis of the role of review in the governmental process and a discussion of historical origins, Professor Jaffe develops the thesis that only the clearest statement of intent should be allowed to preclude judicial review.
The Harvard Law Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Each issue also contains pieces by student editors. Published monthly from November through June, the Review has roughly 2,000 pages per volume. All articles--even those by the most respected authorities--are subjected to a rigorous editorial process designed to sharpen and strengthen substance and tone. The November issue contains the Supreme Court Foreword (usually by a prominent constitutional scholar), the faculty Case Comment, twenty-five Case Notes (analyses by third-year students of the most important decisions of the previous Supreme Court Term), and a compilation of Court statistics. The February issue features the annual Developments in the Law project, an in-depth treatment of an important area of the law.
Founded in 1887 by future Supreme Court Justice Louis D. Brandeis, the Harvard Law Review is an entirely student-edited journal that is formally independent of the Harvard Law School. Approximately ninety student editors make all editorial and organizational decisions and, together with a professional business staff of four, carry out day-to-day operations. Aside from serving as an important academic forum for legal scholarship, the Review is designed to be an effective research tool for practicing lawyers and students of the law. The Review also provides opportunities for its members to develop their own editing and writing skills. All student writing is unsigned, reflecting the fact that many members of the Review, in addition to the author and supervising editor, make a contribution to each published piece.
This item is part of a JSTOR Collection. For terms and use, please refer to our Terms and Conditions Harvard Law Review © 1958 The Harvard Law Review Association Request Permissions
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Search for dissertations about: "Judicial review"
Showing result 1 - 5 of 11 swedish dissertations containing the words Judicial review .
1. Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective
Author : Anna Jonsson ; Anders Fogelklou ; Thomas Bull ; Katlijn Malfliet ; Uppsala universitet ; [] Keywords : SOCIAL SCIENCES ; SAMHÄLLSVETENSKAP ; SAMHÄLLSVETENSKAP ; SOCIAL SCIENCES ; Constitutional law ; Judicial review ; judicial protection ; individual rights ; individual legal activism ; democracy ; support structure ; standing rules ; legal aid ; public law adjudication ; civil society ; Council of Europe ; access to justice ; Russia ; post-Socialist ; legal transition ; Konstitutionell rätt ; Constitutional law ; Konstitutionell rätt ; Konstitutionell rätt ; Constitutional Law ;
Abstract : This dissertation deals with judicial review of governmental action and individual legal activism. It investigates whether judicial protection of individual rights and individual legal activism, within the field of public law, can be seen as an alternative or complement to electoral control of political and administrative powers. READ MORE
2. Regulating European Standardisation through Law : The Interplay between Harmonised European Standards and EU Law
Author : Megi Medzmariashvili ; Juridiska institutionen ; [] Keywords : SAMHÄLLSVETENSKAP ; SOCIAL SCIENCES ; EU law ; European Standardisation ; Judicial Review ; EU-rätt ; Europeisk standardisering ;
Abstract : Standardisation is one of the oldest human activities. Industrial revolution and electro-technical advancements have further increased the importance of standardisation. Nowadays standards regulate our daily life not only through the products and services we use, but also directly as laws. READ MORE
3. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms
Author : Gunnar Thor Pétursson ; Juridiska institutionen ; [] Keywords : SAMHÄLLSVETENSKAP ; SOCIAL SCIENCES ; EU Charter of Fundamental Rights ; fundamental rights ; deep national interests ; disintegration ; balancing theories ; proportionality principle ; balancing ; margin of appreciation ; judicial review ; deference ; Article 4 2 TEU ; EU law ; EU-rätt ; processrätt ; procedural law ;
Abstract : This thesis analyses the operations of the principle of proportionality when the Court of Justice reviews national measures that restrict the fundamental freedoms laid down in the EU Treaties. That judicial review often entails balancing of rights, and this study is a quest for coherence in the adjudication of different, and at times perplexing legal norms, of various national and international origins Many have held that the principle of proportionality is applied in EU law as a tool for integration. READ MORE
4. Effectiveness of EU Law versus Procedural Protection – Tracing the tension throughout the case-law of the Court of Justice on ex officio review by the national judge
Author : Allison Östlund ; Göteborgs universitet ; Göteborgs universitet ; Gothenburg University ; Göteborgs universitet ; Gothenburg University ; [] Keywords : SAMHÄLLSVETENSKAP ; SOCIAL SCIENCES ; Ex officio review ; preliminary rulings ; effectiveness of EU Law ; procedural protection ;
Abstract : This work deals with the tension between the effectiveness of European Union law and national rules of procedure put in place to safeguard the legal certainty and judicial protection of litigants. Particular attention is paid to rules constraining the power of national judges to apply Union law of their own motion – i.e. READ MORE
5. Constitutionalism in Estonia, Latvia and Lithuania : A Study in Comparative Constitutional Law
Author : Caroline Taube ; Uppsala universitet ; [] Keywords : SOCIAL SCIENCES ; SAMHÄLLSVETENSKAP ; Law ; constitutionalism ; normative constitution ; hierarchy of legal norms ; constitutional rights ; judicial review of constitutionality ; Estonia ; Latvia ; Lithuania ; rättsvetenskap ; juridik ; LAW JURISPRUDENCE ; RÄTTSVETENSKAP JURIDIK ; Konstitutionell rätt ; Constitutional Law ;
Abstract : This thesis deals with the present constitutions of Estonia (1992), Latvia (1922) and Lithuania (1992). Their content and implementation by judicial means are examined and compared with each other. The choice of constitution - a new or an old - is also discussed. READ MORE
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Anderson, David Allen, VA (2017) “An Empirical Study of the Political Party Balance Requirement of the United States Court of Appeals for the Armed Forces and its Predecessor-Court, the United States Court of Military Appeals, from 1951 to 2016” Published dissertation in Military Law Review, fall 2017.
Blake, Archie, NV (2008) “Realistic Drug Court Implementation for Rural Areas: Evaluating the Effectiveness of a Multi-Jurisdictional Model for Program Delivery” (non-published dissertation, available through the University of Nevada, Reno Library).
Brudzinski, Walter, VA (2013) “Chemical Testing of Commercial Vessel Personnel: An Analysis of Archived Test Data” 3 Maritime Professional 50 (Q3, 2013). Portion of dissertation published in Journal of Maritime Law and America, Vol. 42, #2, April 2011.
Darnell, Steve, TN (2018). "A Comprehensive Assessment of Barriers Encountered by Undocumented Hispanic Immigrants in Utilizing the U.S. Legal System." (Non-published dissertation, available through the University of Nevada, Reno Library).
Domitrovich, Stephanie, PA(2006) “The Factors Effecting the Appointment of Experts by State Trial Judges: An Exploratory Study”, published as “State Trial Judge Use of Court Appointed Experts: Survey Results and Comparisons”, Jurimetrics50, pgs.371-389, spring 2010.
Hardy, David, NV (2015) “The Nevada Territorial Supreme Court: A Transitional Influence from Frontier Lawlessness to Statehood” (non-published dissertation, available through the University of Nevada, Reno Library).
Johnson, Donald, LA (2018). "Perceptions and Perspectives Regarding Procedural Fairness in Louisiana Trial Courts.” (Non-published dissertation, available through the University of Nevada, Reno Library).
Looney, Jerry W., AR (2012) “The Hegemony of “Lords of the Soil:” Cases, Controversies, and Conflicts in the Arkansas Supreme Court, 1837-1861 Relating to the Arkansas Economy” (non-published dissertation, available through the University of Nevada, Reno Library).
Martin, Matthew, NC (2018). "The Cherokee Supreme Court: 1823-1835." (Non-published dissertation, available through the University of Nevada, Reno Library).
McNeil, Christopher B., OH (2008) “Perceptions of Fairness in Agency Adjudications: Applying Line and Tyler’s Theories of Procedural Justice to State Executive-Branch Adjudications”, published as “Perceptions of Fairness in State Administrative Agency Proceedings: Applying Theories of Procedural Justice to State Agency Hearings, Lambert Academic Press, 2009.
Maltese, Joseph, NY (2014) “Preemption Justice: Restoring the Legal Rights of Persons Injured by Medical Devices and Generic Drugs” (non-published dissertation, available through University of Nevada, Reno Library).
Minahan, W. Thomas, OH (2015) “The New Birth of Freedom: The Effect of the Civil War and the Reconstruction of Ohio Law” (non-published dissertation, available through University of Nevada, Reno Library).
Mitrovich, Paul, OH(2009) “Justice Delayed: Federalization of the United States Government From 1930 to 1954 Was a Highly Significant Cause of the Civil Rights Movement for Blacks in the 1950’s and 1960’s”. Published as “Justice Delayed: The Road to Brown V. Board of Education of Topeka and the Civil Rights Movement, Halo Publishing International, 2012.
Page, Reba Ann, VA (2017) “Wringing Their Bread from the Sweat of Other Men’s Faces” (non-published dissertation, available through the University of Nevada, Reno Library).
Ryan, Daniel P., MI (2009) “Essential Principles of Contract and Sales Law in the Northern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories and Political Entities”, book published through iUniverse, 2005. Portion of dissertation published in book “Essential Evidence Outline: Practitioner and Student Handbook, 4thEd., November 2011.
Shelton, Donald, MI (2010) “Criminal Adjudication: The Challenges of Forensic Science Evidence in the Early 21stCentury.” Published through Rowman and Littlefield, October, 2010.
Taylor, Phillip, GA (2012) “Clarifying Establishment Clause Jurisprudence through Modern Dialectical Plasticity” (non-published dissertation, available through the University of Nevada, Reno Library).
Weller, Charles, NV (2013) “Statutory Response to Court Security Concerns” (non-published dissertation, available through University of Nevada, Reno Library). Portion of dissertation published as “What Judges Should Know About Court-Related Violence, American Bar Association’s Judges Journal, Vol. 53, #3, pgs.28-31, summer2014.
Yeager, S. Michael, PA (2014) “Judicial Independence and the Tragic Consequences that Arose in Nazi Germany from the Lack Thereof” (non-published dissertation, available through the University of Nevada, Reno Library).
Alonso, Alfonso, TX (2009) ““Best Practices”” for Drug Courts” (non-published thesis, available through the University of Nevada, Reno Library).
Andrus, Beth M. WA (2016) “The Vanishing Commercial Trial in King County Superior Court and the Role Private Arbitration May Play” (non-published thesis, available through the University of Nevada, Reno Library).
Anderson, David A., VA (1998) "Summary Contempt Power in the Military: Refine or Repeal”, Military Law Review160, pgs.158-222, June 1999.
Ash, Don R., TN (2000) “Bridge Over Troubled Water: Changing the Custody Law in Tennessee”, The University of Memphis Law Review27, No. 4, pgs.769-841,Summer, 1997.
Berry, Janet J., NV (1997) "Life After Death -Preservation of the Immortal Seed”, Tulane Law Review, 72, No. 1, pgs.231-256, 1997.
Bertness, Janette, RI (2008) “Rhode Island Nurse Practitioners: Are they Legally Practicing Medicine without a License?”,Roger Williams University Law Review, 14, No. 2, pgs.215-297, spring2009.
Blake, Archie E., NV (1996) "Daubert and Reality: A Survey of Nevada Judges” (non-published thesis, available through the University of Nevada, Reno Library).
Boharic, Robert V., IL (1995) "Regulating Eloquence: Time Limitations on Closing Arguments in Civil and Criminal Jury Trials, (non-published thesis, available through the University of Nevada, Reno Library).
Bonner, Kimberly, FL (2017) “A Historic Acquittal Re-Examined: Would the Earps and Doc Holliday Escape Indictment Under the Modern Grand Jury System?” (non-published thesis, available through the University of Nevada, Reno Library).
Boyko, Christopher, OH (2010) “A New Originalism: Adoption of a Grammatical Interpretive Approach to Establishing Clause Jurisprudence after District of Columbia v. Heller”, Cleveland State Law Review, 57, No. 4, pgs.703-781, 2009.
Brady, Kevin, GA (2004) “Improving Due Process and Fairness During the Application of Georgia’s Drug Free Workplace Disqualification in Unemployment Insurance, (non-published thesis, available through the University of Nevada, Reno Library).
Briggs, William L., IN (1990) "Can Private Adoption Procedures be as Structured as Agency Adoption Procedures WithoutDestroying the Unique Service They provide to Waiting Parents?" Family Law Journal, 1990. Briggs, William L., IN (1990) "Structuring Independent Adoptions: A Report of One Court’s Program” 1990. (non-published thesis, available through the University of Nevada, Reno Library).
Bromley, Rebecca, CO (1995) "Jury Leniency in Drinking and Driving Cases -Has it Changed? 1958 versus 1993”, Law and Psychology Review20, pgs.27-55, Spring 1996.
Brudzinski, Walter, NY (2009) “A Case Study of the Coast Guard Administrative Law Judge Program” (non-published thesis, available through the University of Nevada, Reno Library).
Buchele, James P., KS (1988) "Justifying Real Property Tax Exemptions in Kansas”, Washburn Law Journal27, No. 252, pgs.252-297, November 1988.
Carle, Curtis W., MO (1995) "The Politics of Change in Implementing a New Court System” (non-published thesis, available through the University of Nevada, Reno Library).
Carlisle, Suzette, MO (2014) “Did 2005 Statutory Changes Affect Settlements for Self-Represented Injured Workers in Missouri?” (non-published thesis, available through the University of Nevada, Reno Library). Portion of the thesis was published in 61 St. Louis Bar Journal, 2015.
Cicero, June H., WI (1989) "Piercing the Socratic Veil: Adding an Active Learning Alternative in Legal Education”, William Mitchell Law Review15, No. 4, pgs.1011-1024, 1989.
Clark, Joseph T., OH (1993) "The "Community Standard" in the Trial of Obscenity Cases -A Mandate for Empirical Evidence in Search of the Truth”, Ohio Northern University Law Review, 20, No. 1, pp 13-56, 1993.
Clark, Thomas C. II, MO (2019). “The Spirit of' Due Process as Advocated by Charles Lindbergh: Revisiting Pacific Air Transport v. United States, 98 Ct. Cl. 649 (1942).” (Non-published thesis, available through the University of Nevada, Reno Library).
Clark, Thomas C., MO (1997) "Impact of Nineteenth Century Missouri Courts upon Emerging Industry: Chambers of Commerce or Chambers of Justice?”, Missouri Law Review63, No. 1, pgs.52-114, winter 1998.
Clingman, Gary, NM (2014) “Peremptory Excusal of Judges in New Mexico: Substantive Right, Procedural Right, Both, or Does it Matter?” University of New Mexico Law review Volume 46, Issue 2 pp 309-352 summer 2016.
Coffelt, Soraya D., (2001) “The United States Virgin Islands at the Judicial Crossroads –is it Time for a Supreme Court of the United States Virgin Islands?” (non-published thesis, available through the University of Nevada, Reno Library).
Cohen, Gene D., PA (1998) "Comparing the Investigating Grand Jury with the French System of Criminal Investigations: A Judge’s Perspective and Commentary”, Temple International and Comparative Law Journal13, No. 1, pgs.87-105, 1999.
*Cole, Tijani R., CO (2001) “The Courts and the Media -Benchbook”, New England Law Review35, No. 4, pgs. 855-907, Summer 2001.
Colquitt, Joseph A., AZ (1989) "Judicial Use of Social Science Evidence at Trial", ArizonaLaw Review30, No. 4, pgs.51-84, 1999.
Connolly, John S., MN (2001) “A Dose of Social Science: Support for the Use of Summary Jury Trials as a Form of Alternative Dispute Resolution”, William Mitchell Law Review25, No. 4, pgs.1420-1460, 1999.
Crebbin, Anthony M., KS (2000) “”The Vertical Perspective”“: How the Literature of Short Stories Intersects the Plane of Law” (non-published thesis, available through the University of Nevada, Reno Library).
Crehan, Matthew J., OH (1996) "Seating the Blind Juror: Is it a Judicial Dilemma?", Judicature81, No. 3, pgs.104-110, November-December 1997.
Crow, G. Kent, AR (2014) “The Secret Laws of Arkansas: The History and Economics of Split Judicial Districts” (non-published thesis, available through University of Nevada, Reno Library).
Cullen, David P., OK(1992) "Indigent Defense Comparison of Ad Hoc and Contract Defense in Five Semi-Rural Jurisdictions”, Oklahoma City University Law Review17, No. 2, pgs.311-375, Summer 1992.
Darnell, Stephen, TN (2013) “When Tennessee Considers An Administrative Driver’s License Suspension Law, It Must be Mindful of One Caveat: It Won’t Reduce Drunk Driving,” (non-published thesis, available through the University of Nevada, Reno, Library).
Daugherty, Jay A., MO (1995) "The Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment”, Missouri Law Review33, No. 2, pgs.315-343, Spring 1997.
Davis, Warren, GA (2005) “Should Georgia’s Arrest Law Authorize Issuing Field Citation to More Non-Traffic Misdemeanor Offenders?”, Georgia State University Law Review, 22, No. 2, 2005.
Daye, Courtney D., JAM (2007) “An Analysis of the Sex Distribution of Jurors in Sexual Offenses Cases in Jamaica to Determine if this Factor have any Effect on Their Verdict” (non-published thesis, available through the University of Nevada, Reno Library).
Deese, James W., KY (1990) "Courtroom Use of Scientific Evidence and Expert Witnesses, with Recommendations for Improved Procedures for Use of Expert Witnesses and Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).
Deja, Daniel R., MI (1999) “The Required Submission of an ADR Joint Settlement Plan in Civil Cases in the Berrien County Michigan Trial Court: An Evaluation of its Effect on Case Disposition Time”, Ohio State Journal on Dispute Resolution15, Issue 1, pgs.173-206, Fall 1999.
Domitrovich, Stephanie, PA (1993) "Jury Sources Lists and the Community Need to Perceive Racial Balance on the Jury: The Genesis for Triggering BatsonConcerns”, Duquesne Law Review33, No. 1, pgs.39-103, Fall 1994.
*Domitrovich, Stephanie, PA (1998) "Utilizing an Effective Economic Approach to Family Court: A Statutory Proposal for a Unified Family Court in Pennsylvania”, Duquesne Law Review37, No. 1, pgs.1-66, Fall 1998.
Donohue, Michael E., WA (1987) "Another Door Closed: Rape Trauma Syndrome”, Gonzaga Law Review23, No. 1, pgs.1-35, 1987/88.
Doucet, Randy, WA (2004) “Tribal Judicial Systems and Tribal Economic Development: Developments in Three Tribal Judicial Systems” (non-published thesis, available through the University of Nevada, Reno Library).
Dowd, Matthew J., KS (2008) “Have Sentencing Guidelines Eliminated Sentence Disparity in Kansas?” (non-published thesis, available through the University of Nevada, Reno Library).
Drain, Gershwin A., MI (1991) "Mistaken Proportionality: A Look at This Country's Most Severe Narcotics Penalty for First Offenders” (non-published thesis, available through the University of Nevada, Reno Library).
Dreyer, David J., IN (2006) “Culture, Structure, and Pro Bono Practices”, The Journal of the Legal Profession, University of Alabama School of Law, 33, No. 2, pgs.185-222, Spring 2009.
Dywan, Jeffery J., IN (2003) “An Evaluation of the Effect of Court-Ordered Mediation and Proactive Case Management on the Pace of Civil Tort Litigation in Lake County, Indiana”, Journal of Dispute Resolution2003, No. 1, pgs.239-254, May 2003.
Fagg, Russell C., MT (1999) “Montana Offer of Judgment Rule: Let’s Provide Bonafide Settlement Incentives”, Montana Law Review60, No. 1, pgs.40-66, winter1999.
Fennelly, John E., FL (1992) "Inevitable Discovery, the Exclusionary Rule and Military Due Process”, Military Law Review23, pgs.109-146, 1992.
Fink, Howard, IL (1994) "Rights of Passage: An Empirical Study of Judges' and Defendants' Ability to Communicate with Each Other During Guilty Plea Proceedings” (non-published thesis, available through the University of Nevada, Reno Library).
Fleet, Leonard, FL (1994) "Close Circuit Television,the Adult Rape Victim and the Confrontation Clause: I See You, You See Me, They See Us, But You Aren't Here” (non-published thesis, available through the University of Nevada, Reno Library).
Fox, Timothy D., WA (2007) “Right Back “In Facie Curiae”: A Statistical Analysis of Appellate Affirmance Rates in Court-Initiated Attorney Contempt Proceedings”, The University of Memphis Law Review38, No. 1, pgs.1-48, Fall 2007.
Fuhrman, Mark J., NE(1989) "DNA Fingerprinting -Admissible Under Frye" (non-published thesis, available through the University of Nevada, Reno Library).
Garza, Robert, TX (2000) “Juries -Assessing Punishment in Criminal Cases” (non-published thesis, available through the University of Nevada, Reno Library).
Gebelein, Richard, DE (2003) “Delaware Leads the Nation: Rehabilitation in a Law and Order Society, A System Responds to Punitive Rhetoric”, Delaware Law Review7, No. 1, pgs.1-29, 2004.
Goldsmith, Thomas A., CO (1989) "Felony Plea Bargaining in Six Colorado Judicial Districts: A Limited Inquiry Into the Nature of the Process”, Denver University Law Review66, No. 2, pp 243-276, 1989.
Granier, Kirk R., LA (2010) “Scripting the Contempt hearing: Avoiding Appellate Reversal and Judicial Misconduct” (non-published thesis, available through the University of Nevada, Reno Library).
Grube, Karl B., FL (1992) "Electronic Plea Taking at Florida's Weekend First Appearance Hearings: Weekend Justice or Weakened Justice?”, Stetson Law ReviewVol. XXI, No. 2, pgs.329-376, Spring 1992.
Guest, Denis, IL (2105) “An Examination of Judges in Israel and the United States” (non-published thesis, available through the University of Nevada, Reno Library).
Guidry, Greg, LA (2010) “The LouisianaJudiciary: In the Wake of Destruction”, Louisiana Law Review74, No. #, spring 2010.
Hagerty, Gail, ND (1994) "Instructing the Jury? Watch your Language!”, North Dakota Law Review70, No. 4, pgs.1007-1026, 1994.
Hairston, Andrew, GA (1999) “Evaluation of Georgia’s DUI Laws: Enforcement in Atlanta 1992-1997” (non-published thesis, available through the University of Nevada, Reno Library).
Hallisey, Robert J., MA (1995) "Experts on Eyewitness Testimony in Court -A Short Historical Perspective”, Howard LawJournal39, Issue 1, pgs.237-286, fall1995.
Harcourt, Barbara, IN (1997) "When to Initiate Disciplinary Proceedings: The Role of Judges in Maintaining Candor and Decorum” (non-published thesis, available through the University of Nevada, Reno Library).
*Hardcastle, Gerald, NV (2004) “Adversarialism and the Family Court: A Family Court Judge’s Perspective” (non-published thesis, available through the University of Nevada, Reno Library).
*Hardy, David A., NV (2008) “Who is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring”, NAELA Journal4, No. 1 2008.
Harhut, Chester T., PA (1995) "Ex Parte Communication Initiated by a Presiding Judge”, Temple Law Review68, No. 2, pgs.673-697, 1995.
Harkin, Douglas, MT (1999) “BMW of North America, Inc. v. Gore: A Trial Judge’s Guide to Jury Instructions and Judicial Review of Punitive Damage Awards”, Montana Law Review 60, No. 2, pgs.367-414, summer 1999.
Harris, Rodger C., NC (2006) “Propensity Evidence Fusion Alchemy: Rule of Evidence 414 and the Legal Metamorphosis of Similar Offenses Evidence in Child Molestation Cases in the Military” (a non-published thesis, available through the University of Nevada, Reno Library).
Hayes, Hugh D., FL (1988) "Capital Jury selection in Florida and Texas -A Quantitative Distinction Without a Legally Qualitative Difference”, Nova Law Review12, No. 2, pgs.744-786, Spring 1988.
Hill, Glynnis, PA (2008) “The New Philadelphia Gun Court: Is it Working?” (non-published thesis, available through the University of Nevada, Reno Library).
Hjelt, Stephen E., CA (2000) “Informed Consent and Psychotherapy: Apples and Oranges in the Garden of Doctrine”, Journal of the National Association of Administrative Law Judges, Spring 2002.
Hobgood, Robert, NC (1997) “Tobacco Road a/k/a The Golden Alley, I-95: The Drug Traffickers' Freeway and Its Impact on State Constitutional Law”, Campbell Law Review21, No. 2, pgs.237-275, Spring 1999.
Hoggatt, Wallace, AZ (2005) “Table for Thirteen: What Arizona Can Learn from New Mexico’s Experience with Jurors of Limited English Proficiency” (non-published thesis, available through University of Nevada, Reno Library).
Honts, George E., VA (1988) "Peremptory Challenges: Thunder in the Jury Box” (non-published thesis, available through the University of Nevada, Reno Library).
Hornstine, Louis, NJ (1996) "Patient Confidentiality and the AIDS Epidemic” (non-published thesis, available through the University of Nevada, Reno Library).
Huffman, Mary Katherine, OH (2015) “The Politics of Fear: The Dubious Underlying Sex Offender Registration Statue: Proposals for Restoring Measures of Judicial Discretion to Sex Offender Management” (non-published thesis available through the University of Nevada, Reno Library).
Hunter, Mac NJ(1992) “Homosexuals as a New Class of Domestic Violence Subjects under the New Jersey Prevention of Domestic Violence Act of 1991”, University of Louisville Journal of Family Law31, No. 3, pgs.557-628, Summer 1994.
Jacobs, Michael, CA (2001) “Illuminating a Bureaucratic Shadow World: Precedent Decisions under California’s Revised Administrative Procedure Act”, Journal of the National Association of Administrative Law Judges21, No. 2, pgs.247-288, Fall 2001.
*James, Thomas, PA (2004) “Custody Relocation Law in Pennsylvania: Time to Revisit and Revise “Gruber V. Gruber”” (non-published thesis, available through the University of Nevada, Reno Library).
Johnson, Carolyn, TX (1998) "A Houston Jury Project: Jury "People Preferences" and Verdicts” (non-published thesis, available through the University of Nevada, Reno Library).
Johnson, Donald, LA (2009) “Louisiana’s Court Perceptions and Practices on Closing Open Access to Court Judicatory Records” (non-published thesis, available through the University of Nevada, Reno Library).
Jones, Melissa L., MD (2014) “Injecting Fault into a No-Fault System: The Aggressor Defense in District of Columbia, Work-Related Fight Cases”, Hofstra Labor and Employment Law Journal32, December 2012.
Kelley, James, IA (1993) "Addressing Juror Stress: A Trial Judge's Perspective”, Drake Law Review43, No. 1, pgs.97-125, 1994.
Kent, Cynthia, TX (1999) “DaubertReadiness of Texas Judiciary: A Study of the Qualifications, Experience, and Capacity of the Members of the Texas Judiciary to Determine the Admissibility of Expert Testimony under Daubert, Kelly, Robinson, andHavnerTests”, Texas Wesleyan Law Review6, No. 1, pgs.1-29, Fall 1999.
Kirkwood, Lawrence, FL (1994) "Florida Judicial Sentencing Guidelines: An Experiment Without Direction” (non-published thesis, available through the University of Nevada, Reno Library).
Knudson, Kristin, AK (2012) “Citizen Adjudicators Lay Members of Alaska’s Mixed Tribunals as Lay Judges in Mixed Courts: A Study of Participation, Attitude, and Recruitment” (non-published thesis, available through the University of Nevada, Reno Library).
Kumorowski, Victoria, KS (1994) "Determining the Status of the External Human Embryo: A Golden Opportunity to Protect the Inherent Dignity of Human Life” (non-published thesis, available through the University of Nevada, Reno Library).
LaDart, Ross, LA (2014) “Mechanics of Jury Selection: Some Tools of the Trade” (non-published thesis, available through the University of Nevada, Reno Library).
*Landerkin, Hugh,CAN (1997) "Custody Disputes in the Provincial Court of Alberta: A New Judicial Dispute Resolution Model”, Alberta Law ReviewXXV, No. 3, pgs.627-686, 1997.
Lanford, Norman, TX (1992) "The Influence of Selection Process and Urbanization on the Texas District Court” (non-published thesis, available through the University of Nevada, Reno Library).
Lanzinger, Judith Ann, OH (1992) "Judges Teaching in Law School: Who, What, Where and Why Not”, Journal of Legal Education43, No. 1, pgs. 96-107, March 1993.
Larsen, John H., CA (2018) “How to Use Images to Draw Conclusions in Legal Reasoning”, Journal of Legal Education.(non-published thesis, available through the University of Nevada, Reno Library).
Looney, Jerry, AR (2008) “The Arkansas Approach to Competency to Stand Trial: “Nailing Jelly to a Tree””, 62 Arkansas Law Review683, 2009.
*Looney, Jerry, AR (2014) “Children as Witnesses in the Courtroom: A Guide for Judges” (non-published thesis, available through the University of Nevada, Reno Library).
Lopez,Victor, NM (2018) “Electing State Court Judges: Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy” (non-published thesis, available through the University of Nevada, Reno Library).
Lucci, Eugene, OH (2012) “Who Owns the Beach of Lake Erie in Ohio?” (non-published thesis, available through the University of Nevada, Reno Library).
Lynch, William P., NM (2001) “Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience”, New Mexico Law Review32, No. 3, pgs. 181-215, Spring 2002.
Madden, Patrick, MI (1994) "Civil Dispute Resolution in Rural Courts: A Comparative Study of the Michigan Mediation Rule and the Rural Wisconsin Civil Trial” (non-published thesis, available through the University of Nevada, Reno Library).
Maltese, Joseph J., NY (1998) "Frye or Daubert: A Study of the Differences and Similarities in the Judge's Role in the Review of Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).
Maley, Mary Helen, AZ (2017) “Including the Larger Community in Pretrial Services Community Supervision: The Circles of Peace Experiment” (non-published thesis, available through the University of Nevada, Reno Library).
Marlow, George, NY (1997) "From Black Robes to White Lab Coats: The Ethical Implications of a Judge's Sua Sponteand Ex Parte Acquisition of Social and Other Scientific Evidence During the Decision Making Process”, St. John's Law Review72, No. 2, pgs.291-335, Spring1998.
Martin, J. Matthew, OK (2009) “The nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835”, 32 N.C. Central Law Review27, 2009.
*McGee, Charles M., NV (1989) "The Judge's Role: Some Steps Toward Clarifying and Balancing Punishment and Rehabilitation Objectives”, Juvenile and Family Law Journal, pgs.1-23, 1989.
McGinty, Timothy, OH (2000) “'Straight Release' Justice Delayed is Justice Denied”, Cleveland State Law Review48, No. 2, pgs.235-309, 2000.
McGroarty, John, NV (1994) "Transracial Adoption: Genocide or an Option for a Pluralistic Democracy in the 21st Century?” (non-published thesis, available through the University of Nevada, Reno Library).
McKinnon, Laurie, MT (2016) “An Examination of the Judicial Peremptory Challenge: Variations between States and Considerations of Constitutionality” (non-published thesis, available through the University of Nevada, Reno).
McNeil, Christopher B., OH (2004) “Executive Branch Adjudications in Public Safety Laws: Assessing the Costs and Identifying the Benefits of ALJ Utilization in Public Safety Laws”, Indiana Law Review38, No. 2, pgs.435-477, 2005.
*Messinger, Steven GA (1996) "Moving Toward a Family Court in Georgia without the Need for Constitutional Revision”, Georgia State University Law Review12, No. 3, pgs.667-685, April 1996.
Minahan, W. Thomas, OH (2007) “Sometimes You have to Talk First: Ohio’s HIV Criminalization Statutes”, (Forthcoming in the Ohio Northern University Law Review, Dec/Jan issue).
Mitrovich, Paul, OH (1992) "Analysis of Ohio's Living Will Statute and Beyond”, Ohio Northern Law ReviewXVIII, No. 4, pgs.759-815, 1992.
Morrison, Dan, IA (1992) "Scientific Expert Testimony: A Trial Judges Approach”, Thomas M. Cooley Law Review9, No. 3, pgs.641-663, 1992.
*Mullane, Graham, AUS (1997) "Evidence on Social Science Research: Law, Practice, and Options in the Family Court of Australia”, The Australian Law Journal72, pgs.434-464, June 1998.
Nall, Rayburn, TX (2003) “Development and Analysis of the State of Mind Exception to the Hearsay Rule in Texas” (non-published thesis, available through the University of Nevada, Reno Library).
Niehaus, Richard, OH (1998) "Statutory Interpretation and the Presuppositions of Language and Law” (non-published thesis, available through the University of Nevada, Reno Library).
Nugent, Donald, OH (1994) "Judicial Bias”, Cleveland Marshall Law Review, Cleveland State University, College of Law, 42, No. 1, 1994.
O'Connell, Pete D., MI (1988) "Pretrial Publicity, Change of Venue, Public Opinion Polls -A Theory of Procedural Justice”, University of Detroit Law Review65, No. 2, pgs.169-195, 1988.
Olsen, Rory R., TX (2010) “A Most Particular Statute: The Effects of Section 243 of the Texas Probate Code Upon the Settlement of Will Contests in Harris County, Texas” (non-published thesis, available through the University of Nevada, Reno Library).
Page, Reba, VA (2011) “”The Curious Case of Mr. Bingo””, Gaming Law Review and Economics13, No. 3, June 2009.
Peccarelli, Anthony M., IL (1990) “A Moral Dilemma: The Role of Judicial Intervention in Withholding or Withdrawing Nutrition and Hydration”, JohnMarshall Law Review 23, No. 4, pgs. 537-567, summer 1990.
Penrod, Earl, IN (2000) “The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement”, Indiana Law Review34, No. 3, pgs.1127-1156. 2001.
Rankin, Teresa, NV (2009) “Integrating Risk Management and Business Education into Medical Education” (non-published thesis, available through the University of Nevada, Reno Library).
Ranniger, Leslie, CO (2019). “Blockchains, Smart Contracts, and the Future of the Judiciary.” (Non-published thesis, available through the University of Nevada, Reno Library).
Robinson, Steven, FL (1993) “A Jurisprudential Analysis of Guided Discretion: Disciplining Racism and Subjectivity in Capital Sentencing”, (non-published thesis, available through the University of Nevada, Reno Library).
Rosman, Jay, FL (1994) "The Florida Response to Domestic Violence: An Analysis of Recent Florida Statutes”, NOVA Law School Review117, pgs. 20-43, 1995.
Russell, Stephen, TX (1993) "Ethnic Cleansing and Land Ownership: Why NAGPRA Does Not Protect Native American Graves in Texas” (non-published thesis, available through the University of Nevada, Reno Library).
Ryan, Daniel P., MI (2000) “Expert Opinion Testimony and Scientific Evidence: Does M.C.L. 600.2955 “Assist” the Trial Judge in Michigan Tort Cases?”, University of Detroit Mercy Law Review25, No. 2, pgs. 263-321, winter 1998.
Sage, Larry G., NV (2006) “Applying Felony Drug Court Concepts in the Lower Courts: Should We Modernize Misdemeanor Sentencing?” (non-published thesis, available through the University of Nevada, Reno Library).
Schumacher, John H., (2017) “Ripe for Appeal: Who is Considered an “Employer” When Determining Liability for Multi-Employer Worksite Safety Violations?” (non-published thesis, available through the University of Nevada, Reno Library).
Segrest, Philip Dale, AL (1999) “Punitive Damages in Alabama: Allocating or Caps?” (non-published thesis, available through the University of Nevada, Reno Library).
Shakes, David L, CO (2015) “Legal Anthropology on the Battlefield: Cultural Competence in U.S. Rule of Law Programs in Iraq” (non-published thesis, available through the University of Nevada, Reno Library).
Sheehan, Brendan, GA (2013) “Court Caught in the Web: Fixing a Failed System with Factors Designed for Sentencing Child Pornography Offenders” (non-published thesis, available through the University of Nevada, Reno Library).
Simpson, John, GA (2012) “Will Child Support Court Increase the Frequency and Amount of Child Support Paid by Non-Custodial Parents?” (non-published thesis, available through the University of Nevada, Reno Library).
Smith, David B., AZ (1995) "Reel Justice: The Movies' View of the American Legal System” (non-published thesis, available through the University of Nevada, Reno Library).
Smith, Jack, AK (2011) “The Anchorage, Alaska Veteran’s Court and Recidivism, 6 July 2004-31 December 2010” (non-published thesis, available through the University of Nevada Library).
Smith, John, MN (2012) “Minnesota Trial Court: Past, Present and Future” (non-published thesis, available through the University of Nevada, Reno Library).
Smith, Richard, AZ (2002) “Jury Trials in Misdemeanor Cases of Driving Under the Influence of Alcohol: A Public Policy Consideration” (non-published thesis, available through the University of Nevada, Reno Library).
Spillane, Leslie, OH (1997) "Spousal Support in the 90's: The Other Ohio Lottery”, Ohio Northern UniversityXXIV, No. 2, pgs.281-355, 1998.
Spoo, James, NV (2019). “Imperatives of Arrest or Non-Arrest for Assaultive Language in Domestic Violence Cases: An Empirical Study of Responding Police Officers.” (Non-published thesis, available through the University of Nevada, Reno Library).
Taylor, Philip P., GA (2007) “Is the Process the Punishment in the Kennesaw Municipal Court?” (non-published thesis, available through the University of Nevada, Reno Library).
Thomas, Mary Maxwell, IL (1996) "A World of Differences of the African-American Male: Communication Gap Converts Justice into "Just Us" System”, Harvard Black Letter Law Review 13, pgs.1-63, 1997.
Thompson, Edward L., OK (1990) "Protecting Abused Children: A Judge's Perspective on Public Law Deprived Child Proceedings and the Impact of the Indian Child Welfare Act”, American Indian Law Review15, No. 1, pgs.1-114, 1990.
*Thompson, Edward L., OK (1991) "Children in Need in Mental Health Treatment: A Judge's View of Revised Public Law and New Private Law Proceedings”, University of Tulsa Law Journal26, No. 3, pgs.347-40, Spring 1991.
Thyer, Cindy, AR (2019). “The Landscape of Pre-Trial Reform: Is It Time for Arkansas to Consider Pre-Trial Reform?.” (Non-published thesis, available through the University of Nevada, Reno Library).
Tobi-Aiyemo, Ari, Nigeria (2019). “The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion.” (Non-published thesis, available through the University of Nevada, Reno Library).
Tollefson, Brian, WA (2009) “Protection of Personal Identity Information in Washington’s Civil Court Records: Washington Court Must Better Protect Personal Identification Information in Court Files from Improper Use” (non-published thesis, available through the University of Nevada, Reno Library).
Toone, Ryan, NV (2019). “Criminal Justice Fines: The Role of the Local Court and a Review of Reform Alternatives.” (Non-published thesis, available through the University of Nevada, Reno Library).
Tucker, Tim Dallas, SD (1996) "State v. Black: Confusion in South Dakota's Determination of Lesser Included Offenses in Homicide Cases”, South Dakota Law Review41, Vol. 3, pgs.465-501, 1996.
Turney, Jack, MD (1992) "Economic Implications of Drunk Driving Sentences” (non-published thesis, available through the University of Nevada, Reno Library).
Van Tiem, Thomas, MI (1994) "The Efficacy of the Properly Instructed Juror”, Court Review 32, No. 2, summer 1995.
Walsh, Marcia, MO (2003) “The Economic Costs of Buying Points” (non-published thesis, available through the University of Nevada, Reno Library).
*Walsh, Richard, IL (2008) “Raising the Age for Juvenile Jurisdiction in Illinois Medical Science, Adolescent Competency and Cost”, (forthcoming in the Loyola University Chicago Law Journal).
Waltzer, Miriam, LA (1990) "Aids in the Workplace: Mandatory Testing and Section 504 of the Rehabilitation Act”, Loyola Law Review36, No. 1, pgs. 55-88, 1990.
Welch, Jewel, LA (2009) “Damned by the Dying: A Look Into the Use of Suicide Notes as Dying Declarations” (non-published thesis, available through the University of Nevada, Reno Library).
*Weller, Charles, NV (2009) “Needed: A Guide for Media Coverage of Domestic Violence” (non-published thesis, available through the University of Nevada, Reno Library).
*Williams, R. James, CAN (1996) "Grasping a Thorny Baton...A Trial Judge Looks at Judicial Notice and Courts' Acquisition of Social Science”, Canadian Family Law Quarterly 14, pg.179-232, 1997.
Wood, Naman, GA (2010) “Can Judges Increase Mediation Settlement Rates? Of “Coase” They Can”, Ohio State Journal on Dispute Resolution 26, pg.683, 2011.
Yeager, S. Michael, PA (2009) “Are Alleged Fallacies in Current Infrared Alcohol Breath-Testing Instruments Cause for State Legislatures to Amend Their Respective Driving Under the Influence Statutes?” (non-published thesis, available through the University of Nevada, Reno Library).
*Yeager, S. Michael, PA(2018) “Guardianship of the Elderly –Salient Associated Aspects and the Law of Incapacity in Pennsylvania” (non-published thesis, available through the University of Nevada, Reno Library).
Young, Roger, SC (2000) “Using Social Science to Assess the Need for Jury Reform in South Carolina”, South Carolina Law Review52, No. 1, pgs.135-240, Fall 2000.
Younge, John Milton, PA (2011) “Whether the Pennsylvania Constitution Provides for a Gideon v. Wainwright Type of Constitutional Mandate of Appointment of Council to Indigent Civil Litigants” (non-published thesis, available through the University of Nevada, Reno Library).
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The judicial branch is important because it interprets the laws of the nation. The judicial branch also has the power to compel the production of evidence. The makeup of the Supreme Court and other federal courts is left to the discretion o...
The judicial system’s power relies on the structure of checks and balances in government. The judicial branch of government includes the Supreme Court, courts of appeal and district courts.
You’ve spent years preparing for your master’s degree or PhD. You’ve read, studied and spent hours of time and energy writing papers. Now you’ve arrived at the culmination of all this effort: writing your thesis.
Beyond the confines of the judiciary, judges must also make decisions that will placate other political elites (Spiller and Gely 1992, Vanberg 2001, Rios-
This dissertation joins those efforts by offering studies of three such paths of influence °owing from the judiciary. In turn, I investigate the effects of
Wohlfarth, Patrick C. Affiliation: College of Arts and Sciences, Department of Political Science. Abstract. Many observers view the judiciary as the
This dissertation examines judicial review in executive (administrative)1 action as an essential tool for curbing the excesses and abuse of delegated
projects over-lap and my thesis should be read with this in mind. One broad interpretation of judicial review in the Administrative Court.
All other work conducted for the thesis (or) dissertation was completed by the student independently. Funding Sources. Graduate study was supported by an
It is important to note that the thesis presented in this Essay does not
Professor Jaffe develops the thesis that only the clearest statement.
point, one can recount Roscoe Pound's thesis on law as an agent of social.
Swedish University dissertations (essays) about JUDICIAL REVIEW. Search and download thousands of Swedish university dissertations. Full text. Free.
Review the dissertation and thesis list to see what other graduates have chosen for their topics and written about in the judicial studies program.