1,638 results on '"LEGAL judgments"'
Search Results
2. A Social Media Platform Model of Supreme Court News.
- Author
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Truscott, Jake S.
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ALTERNATIVE mass media , *SOCIAL media , *LEGAL judgments , *APPELLATE courts , *MEDIA consumption , *MICROBLOGS - Abstract
An economic model of news contends that the pressures of limited column space and market competition force media actors to be strategic concerning which notable events receive exhaustive coverage, if any at all. Applying this framework to the Supreme Court can explain why coverage of the Justices' decision-making has historically been sensationalized and reserved for decisions sure to have a pronounced effect on public discourse. However, the emergence of social media as a practical alternative for mass media dissemination raises notable questions, chief among them being whether the economic framework fully extends to this newer medium. In this study, I analyze media coverage of the Court's decisions using Twitter and observe important distinctions among environments for news dissemination. I argue that the apparent reduction in the economic costs associated with coverage dissemination and consumption on social media platforms like Twitter requires viewing Supreme Court news in these environments through an amended theoretical framework. [ABSTRACT FROM AUTHOR]
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- 2024
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3. Public Approval of the Supreme Court and Its Implications for Legitimacy.
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Boston, Joshua and Krewson, Christopher N.
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CAREER changes , *LEGAL judgments , *APPELLATE courts , *CONSTITUTIONAL courts , *PANEL analysis - Abstract
In examining public evaluations of governing institutions, are job approval and legitimacy related? This question has dominated scholarship on Supreme Court legitimacy for decades. Conventional wisdom suggests that specific support (e.g., job approval) and diffuse support (e.g., legitimacy) are independent. Specific support captures short-term orientations based on policy alignment with the Court. Legitimacy is a long-term perspective reflecting more fundamental support for the Court as a governing institution. We challenge the paradigm that job approval and legitimacy are largely unrelated concepts. Specifically, we employ a variety of statistical techniques and panel data to show that changes in legitimacy are a direct effect of changes in public approval. Salient decisions and Court vacancies directly shape approval and indirectly shape legitimacy through their effects on approval. Longitudinal analysis confirms that changes in job approval precede and predict changes in legitimacy. These results suggest that the Court needs public approval, and its public approval is rooted in outcome-oriented perceptions of its decisions and membership. Further, sustained low levels of approval will eventually erode legitimacy and limit the Court's influence over policy. Thus, like the outwardly political executive and legislative branches, it is important for the Court to build political capital through job approval. [ABSTRACT FROM AUTHOR]
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- 2024
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4. How the Intensity of Preference for Ideological Judges Influences Court Support.
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Krewson, Christopher N. and Owens, Ryan J.
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JUDGES , *LEGAL judgments , *COURTS , *CONSERVATIVES - Abstract
Recent research shows that many people support courts based on their ideological congruence with those courts and their decisions. But people likely hold varying degrees of intensity in their preferences for judges who will implement conservative or liberal policy. We suspect that court support is a function of that intensity. Our results agree. Court support turns on the intensity with which people prefer conservative, moderate, or liberal judges. In fact, accounting for the strength with which people prefer ideological judges explains more of their support for courts than some existing approaches. [ABSTRACT FROM AUTHOR]
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- 2024
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5. Public Perceptions of Juvenile Life Without Parole and Alternative Sentences: A Michigan Based Sample.
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Birnbaum, Aliya, Murillo, Miguel, and Daftary-Kapur, Tarika
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ADOLESCENT development , *LEGAL judgments , *PAROLE , *TEENAGERS , *CRIME - Abstract
Since the Supreme Court ruling in Miller banning mandatory juvenile life without parole (JLWOP) sentences, many states have gone one step further and completely eliminated JLWOP sentences. However, this trend has stagnated. One potential reason is society's "tough on crime" framework, which legislators are hesitant to deviate from. To understand public opinion on adolescent adolescent development and sentencing of youth, we surveyed residents in one state considering legislation that would ban JLWOP and similar sentences, Michigan. Most participants had sufficient understanding of adolescent development and viewed adolescents as having the capacity for change. Additionally, most participants supported alternative sentences to JLWOP, with support primarily given to sentences that were rehabilitative in nature. Our results can help policymakers better understand their constituents' beliefs regarding adolescent sentencing, which can inform policy decisions. [ABSTRACT FROM AUTHOR]
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- 2024
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6. Reconstructing and Deconstructing Neighborhoods: Horizontality, Materialities, and Struggles in the Case of Pinheirinho do Palmares district, Brazil.
- Author
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Machado, Igor José de Renó and Barretti, Fabrício dos Santos
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HOUSING ,NEIGHBORHOODS ,HOUSING policy ,LEGAL judgments ,SOCIAL movements - Abstract
Based on an ethnography developed with social movements derived from the eviction process of an old popular district in the city of São José dos Campos, São Paulo, Brazil, we analyze how an idea of neighborship is applied to the processes of struggle and their outcomes. In 2004, a land of over 1,000,000 m
2 , owned by a bankrupt industry, was occupied by an entire district of over 5,000 people. This "illegal" occupation had been going on for almost 8 years when a court decision ordered the land to be vacated. The case of the Pinheirinho dos Palmares neighborhood, as it was known, became an emblematic example of Brazilian housing policies, with its violent eviction drawing the entire country's attention. This article deals with the struggles that the evicted residents started and that resulted, at the end of almost 5 years, in the construction of a new district by the state, based on a new housing program. We are going to analyze how concerns about organizing the new neighborship from the old neighborhood relations were fundamental in the geographical and architectural production of the new district. The article seeks to intertwine the notions of resistance and neighborship, responsible for the new configuration of the district. [ABSTRACT FROM AUTHOR]- Published
- 2024
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7. Belongingness, Well-Being and an Interview With Dr Pauline Dow.
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Terry, Paul E.
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EXPERIENTIAL learning , *ACTIVE learning , *LEADERSHIP training , *LEGAL judgments , *RACE - Abstract
The Supreme Court decision that race conscious admissions policies in universities are unconstitutional has created questions and concerns about the sustainability of diversity, equity and inclusion programs in many organizations and across sectors. This editorial provides hopeful examples of how belongingness is being embraced as a core value in many organizations. In an interview with education expert, Dr Pauline Dow, we discuss ways that the education sector creates trust and belongingness and explore best practices and leadership development methods that allow teachers to thrive. Lessons learned in the educator sector offer insights into how belongingness can be cultivated in other sectors, organizations and communities. [ABSTRACT FROM AUTHOR]
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- 2024
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8. In Search of Fundamental Fairness and Equal Protection: The Role of the U.S. Supreme Court in Shaping American Democracy.
- Author
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Rubin, Ellen V., Baker, Keith P., Song, Youjung, and Kellough, J. Edward
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AFFIRMATIVE action programs in education ,UNIVERSITY & college admission ,LEGAL judgments ,AFFIRMATIVE action programs ,LEGAL briefs - Abstract
In July 2023, the U.S. Supreme Court ruled on two cases: Students for Fair Admissions vs. the University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College, effectively prohibiting the use of race as one of many factors in college or university admissions decisions. To explore these two cases, we conducted a content analysis of the legal briefs, the final court ruling, concurrences, and dissents. In its ruling, the Court did not overturn precedents upholding affirmative action, but the majority interpreted those prior cases in such a way that makes it impossible to justify the use of race in college admissions. Although these cases are from the context of higher education, the ruling highlights the fragility of affirmative action generally and may challenge the legal and regulatory structure that underpins many other important civil rights issues. [ABSTRACT FROM AUTHOR]
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- 2024
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9. Does L2 influence on use of L1 animacy constraints depend on alignment of syntactic and semantic features?: Evidence from Japanese–English bilinguals.
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Lebkuecher, Amy and Malt, Barbara C.
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NATIVE language , *KOREAN language , *JAPANESE language , *LANGUAGE transfer (Language learning) , *ENGLISH language , *LEGAL judgments , *JAPANESE people - Abstract
Aims and Objectives: English allows inanimate objects to be sentence subjects (e.g., "The knife cut the bread") but Korean and Japanese restrict subjects of causal sentences on the basis of animacy. In previous work, we found that Korean speakers relaxed their native grammatical animacy constraint when immersed in English (e.g., found knives to be acceptable sentence subjects in Korean). We suggested this L2 influence occurred because the Korean animacy constraint does not map cleanly onto the semantic representation of animacy—some inanimate objects (e.g., "fire") can be subjects of causal sentences. In the current study, we further test this idea by examining the case of Japanese–English bilinguals. We predict that because the Japanese animacy constraint aligns well with the semantic representation of animacy, it will be less susceptible to L2 influence. Methodology: We first independently assessed the semantic representation of animacy by comparing animacy ratings from native speakers of Korean, Japanese, and English for 60 objects. We then asked Japanese–English bilinguals and Japanese monolinguals to provide grammaticality judgments for sentences that varied in subject animacy. Data and Analysis: We analyzed participants' animacy ratings and grammaticality judgments using mixed-effects models. Findings: Animacy ratings supported a closer correspondence between semantic representation of animacy and the grammatical animacy constraint for Japanese grammar than for Korean grammar. In contrast to previous results for Korean speakers, Japanese–English bilinguals' grammaticality judgments did not significantly differ from those of Japanese monolinguals. Originality: The current study is unique in that it suggests the vulnerability of structures at the syntax–semantics interface to L2 influence varies across different language groups based on the alignment between syntactic and semantic features. Implications: The current findings support the possibility that representations at the syntax–semantics interface may only be vulnerable to influence when syntax is incongruent with semantic features. [ABSTRACT FROM AUTHOR]
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- 2024
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10. Five key points from the groundbreaking European Court of Human Rights climate judgment in Verein KlimaSeniorinnen Schweiz v Switzerland.
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Hoffmann, Anna
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LEGAL judgments , *HUMAN rights , *CLIMATE change & health , *QUALITY of life , *COURTS ,EUROPEAN Convention on Human Rights - Abstract
The opinion focuses on the European Court of Human Right's (ECtHR) recent judgment in Verein KlimaSeniorinnen Schweiz v Switzerland which was handed down on 9 April 2023. The decision broke new ground by establishing that 'Article 8 of the European Convention of Human Rights must be seen as encompassing a right for individuals to effective protection by the State authorities from serious adverse effects of climate change on their life, health, well-being and quality of life'. The opinion discusses five key aspects of this voluminous judgment which will likely have an impact far beyond this individual case, including the points made relating to the role of the ECtHR, courts in general and the Convention as a living instrument. [ABSTRACT FROM AUTHOR]
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- 2024
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11. Job Type, Religion, and Muslim Gender as Predictors of Discrimination in Employment Settings.
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Mansouri, Kazhal and Perlow, Richard
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SEX discrimination , *EMPLOYMENT discrimination , *SEX discrimination in employment , *GENDER differences (Sociology) , *TRUST , *RACE , *RELIGIONS , *LEGAL judgments - Abstract
Most employment discrimination research has focused on race and gender. The relatively fewer papers dealing with religion suggests that discrimination exists. We extend the literature by examining the effects of job type (public safety/non-public safety), religion (Muslim/non-Muslim) and Muslim gender on selection decisions. Participants ranked applicants and made judgments on trust and whether to interview applicants after evaluating seven resumes for either a shipping clerk or a security guard position. Participants rated Muslim applicants lower than non-Muslim applicants for the security guard position. We found no evidence of discrimination in the shipping clerk position. Perceived trust may be a possible explanation for some of the decisions people made. We also found that the Muslim female candidate was rated higher than the Muslim male candidate for the security guard position; no gender differences existed for the shipping clerk position. Our findings are consistent with the gender discrimination literature in that job type affected the extent to which religious-based discrimination occurred and the intersectionality literature/models specifying that combinations of demographics can impact judgments. One implication is the need to incorporate religion in discrimination interventions. [ABSTRACT FROM AUTHOR]
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- 2024
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12. Criminalizing Unto Death as Act of Judgment, Act of War: The Suicidal Rationality of the Death Penalty.
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Govind, Rahul
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LEGAL judgments ,CAPITAL punishment ,PUNISHMENT ,RETRIBUTION ,APPELLATE courts ,JURISPRUDENCE ,CONSTITUTIONAL courts - Abstract
This paper attempts to establish that capital punishment is not rational and cannot be rationalized without suicidally destroying the very ground on which lawful and rational punishment bases itself. It argues that in capital punishment, just as in any lawful punishment, the criminal is both held (humanly) rational and therefore culpable. But, unlike other forms of punishment, in capital punishment, the condemned is at the same time, held as irrational and irredeemable, beyond reform, and therein outside the ambit of rationality and humanity. In this sense a fundamental aporia is reached in rationalizing capital punishment because of the contradiction between the basis of punishment (the human as rational) and its operational logic (the condemned person as beyond reform therein irrational). Expressed another way, the judge proclaims a form of infallibility in their reasoning where the incorrigibility of the judgment is horrifically demonstrated and ironically reflected (and projected) in the incorrigibility of the condemned. This broad argument is pursued in two parts; one part interprets canonical texts such as Hobbes, Hegel and Foucault, while the second part interprets the Supreme Court of India's jurisprudence around the death penalty. While these are very different discourses it will be shown that they share much common ground in their expressing—and negotiating—the fundamental problem as described above. [ABSTRACT FROM AUTHOR]
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- 2024
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13. Impartial third and disinterested judgment: Kojève and Arendt's cosmopolitan phenomenologies of human rights as a response to Schmitt.
- Author
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Ovcharuk, Bogdan
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HUMAN rights ,COSMOPOLITANISM ,LEGAL judgments ,INTERSUBJECTIVITY ,SOVEREIGNTY ,ECONOMIC impact - Abstract
This article proposes that Hannah Arendt and Alexandre Kojève's responses to Carl Schmitt's theory of sovereignty, when combined, provide a historical and normative basis for a cosmopolitan view on human rights. I argue that by systematically merging Kojève's theory of the "disinterested and impartial third" and Arendt's theory of "disinterested judgment," legal institutions, economic redistribution, and intersubjective normativity can be combined to create a robust response to Schmitt's theory of sovereignty. To demonstrate this, I examine their efforts to resolve the contradiction between universal rights and national sovereignty from a phenomenological standpoint. Arendt's idea of the "common world" is analyzed, showing how it upholds the idea of a non-sovereign public realm as a normative source of human rights but fails to consider the institutional and economic factors required for their realization. I then explore Kojève's theory of impartial international legal institutions and his critique of economic colonialism to confront these factors. Additionally, Arendt's theory of disinterested judgment is shown to address the limitations of Kojève's phenomenological view of disinterestedness. This convergence between Kojève and Arendt provides a comprehensive response to the practical challenges of Arendt's theory, while also highlighting the importance of "world opinion" in transforming sovereignty. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Yovino v. Rizo : The Equal Pay Act and Salary History Defense.
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Bradbury, Mark D.
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EQUAL Pay Act of 1963 (U.S.) ,SCHOOL districts ,WAGES ,LEGAL judgments - Abstract
The U.S. Supreme Court declined to review Yovino v. Rizo in 2020, leaving in place a Ninth Circuit Court decision that the use of salary history when determining compensation levels violates the Equal Pay Act of 1963. Aileen Rizo, a math consultant for the Fresno County School District, had argued that the basing of her starting salary on her previous level of compensation perpetuated past salary discrimination. Salary history is a common tool for setting starting salaries, and was used by the school district in a gender-neutral, uniform manner. A critical analysis of the technique, however, shows that salary history does not reflect job-related knowledge, skills, and abilities and has a disparate impact on female applicants and employees. Alternatively, public employers bear the responsibility to advertise competitive pay rates that reflect internal and market-based considerations. [ABSTRACT FROM AUTHOR]
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- 2024
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15. Comparison of Childless and Partnerless Vasectomy Rates Before and After Dobbs v. Jackson Women's Health Organization.
- Author
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Nguyen, Vi, Li, Michelle K., Leach, Michelle C., Patel, Darshan P., and Hsieh, Tung-Chin
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VASECTOMY ,WOMEN'S societies & clubs ,WOMEN'S health ,RIGHT to health ,MEDICAL care ,LEGAL judgments - Abstract
The Supreme Court ruling Dobbs v. Jackson Women's Health Organization (June 2022) overturned federal protection of abortion rights, resulting in significant impact on both male and female reproductive rights and health care delivery. We conducted a retrospective review of all patients who underwent vasectomy at a single academic institution between June 2021 and June 2023. Our objective was to compare the rates of childless and partnerless vasectomies 1 year before and after this ruling, as these men may be more susceptible to postprocedural regret. Of total, 631 men (median age = 39 years, range = 20–70) underwent vasectomy consultation. Total vasectomies pre- and post-Dobbs were 304 (48%) versus 327 (52%). Total childless and partnerless vasectomies pre- and post-Dobbs were 44 (42%) versus 61 (58%) and 43 (46%) versus 50 (54%). Vasectomy completion rate was slightly increased post-Dobbs (90% vs. 88%; p =.240). The post-Dobbs cohort had significantly less children (1.8 vs. 2.0; p =.031). Men in the post-Dobbs era were significantly more likely to be commercially insured (72% vs. 64%) and less likely to be uninsured (1% vs. 6%; p =.002). Men who underwent childless vasectomy were significantly more likely to be younger (36.4 vs. 39.8 years; p <.001). There was a significantly greater proportion of Hispanic and Black men in the partnerless cohort compared to the cohort with partners (24% vs. 19% and 9% vs. 2%; p =.002). In conclusion, patients should be counseled on the permanent nature of this procedure, underscoring need for effective and reversible male contraception. [ABSTRACT FROM AUTHOR]
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- 2024
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16. Using Latent Class Analysis to Produce a Typology of Korean Stalking Based on Court Judgments.
- Author
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Bae, Minkyung, Kang, Bojeong, and Lee, Soo-Jung
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STALKING ,HARASSMENT ,LEGAL judgments ,SEX crimes ,INTIMATE partner violence ,CRIMINAL records ,PUNISHMENT ,AGGRESSION (Psychology) ,SEXUAL harassment - Abstract
This study was carried out to develop guidelines for more appropriate interventions for people who stalk following the enforcement of the Stalking Crime Punishment Act. By content analysis, 407 cases of the first trial judgment data from the start of the stalking punishment law application were collected and substituted with categorical data. Three types of stalking persons—Aggressors, Indirect Contactors, and Approachers—were created by latent class analysis. Notable distinctions emerged among these types, encompassing criminal history, mental health, online sexual crimes, and the frequency of contact. For instance, Aggressors were individuals who displayed aggressive behaviors most frequently; Indirect Contactors engaged in online sexual harassment against victims; and Approachers approached victims without mutual agreement. Therefore, considering these findings would hold great significance when approaching individuals who engage in stalking with a more comprehensive understanding. This approach aims to provide insights to enhance criminal responses and practices in South Korea. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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17. Deconstructing imprisonment: Exploring sentencing discourses in the District Court of New South Wales.
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Taylor, Sally
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DISTRICT courts , *CRIME statistics , *CRITICAL discourse analysis , *IMPRISONMENT , *PRISONERS' rights , *LEGAL judgments , *PRISON sentences - Abstract
In Australia, imprisonment remains a popular form of crime control amidst rising costs in prison expenditure and high rates of prison return. While changes to crime rates and to policing policy have impacted the growing prisoner population in recent years, less is known about the language underpinning the courts' decision to imprison. This article presents the results of a critical discourse analysis on 124 sentencing remarks on imprisonment from the District Court of New South Wales in 2017. Three discourses were identified in the texts as facilitating the justification of a prison sentence: the discourse of control, the discourse of safety and the discourse of duty. These findings highlight the ways in which the prison is constructed and legitimated in the courts, which has implications not only for sentencing policy and practice but also for conceptions and applications of justice more broadly. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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18. Overview of recent cases before the Court of Justice of the European Union (September-December 2023).
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Melin, Pauline and Parthenopoulos, Nikos
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LEGAL judgments ,SOCIAL security ,COURTS ,INHERITANCE & transfer tax ,COVID-19 pandemic - Abstract
This case report discusses six judgments of the Court of Justice of the EU rendered between September and 19 December 2023. The first judgment reported is in case C-422/22 Zaklad v TE, in which the Court took the opportunity to clarify that the duty for the issuing institution to verify that the conditions for issuing an A1 (posting) certificate are met arises not only at the moment of the issuance but also continuously during the posting period. The case report also covers the case C-45/22 HK v Service fédéral des Pensions, in which the Court interpreted for the first time Article 55(1) (a) of Regulation 883/2004 on the method of calculation for overlapping benefits of a different kind. The case report ends with two rulings dealing with infringement procedures against the Netherlands: C-459/22 and C-360/22 European Commission v Kingdom of The Netherlands. In these judgments, the Court considered that the Dutch tax rules on transfer of pension capital were an infringement of the free movement of workers (Article 45 TFEU). Finally, we report on two cases on social security benefits for EU officials and two cases dealing with Covid-19 measures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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19. Does Procedural Justice Reduce the Harmful Effects of Perceived Ineffectiveness on Police Legitimacy?
- Author
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Nam, Yongjae, Wolfe, Scott E., and Nix, Justin
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PROCEDURAL justice , *POLICE legitimacy , *CITIZENS , *LEGAL socialization , *POLICE-community relations , *LEGAL judgments , *RACE relations - Abstract
Objectives : Judgments about police procedural fairness consistently have a stronger influence on how the public ascribes legitimacy to the police than evaluations of police effectiveness. What remains largely underexplored, however, is the potential moderating effect of procedural justice on the relationship between effectiveness and legitimacy and whether this moderation varies by citizen race. Method: We administered two separate surveys to determine whether procedural justice's moderating effect on the relationship between police ineffectiveness and legitimacy varies by citizen race. The first was a mail survey of a random sample of citizens in a southern US city (N = 1,681) conducted in 2013; the second, a national survey of adults (N = 972) administered via Qualtrics in 2022. Results: We found that procedural justice could help protect against the harmful influence of perceived ineffectiveness on police legitimacy in Study 2. However, contrary to expectations, this moderation effect held only for White Americans. Conclusions: The effect of perceived ineffectiveness on legitimacy evaluations does not vary depending on citizens' perceptions of procedural justice. Yet, police still do have control over how they treat people with whom they interact, which is one mechanism that can improve citizens' views on police legitimacy. [ABSTRACT FROM AUTHOR]
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- 2024
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20. A Room Full of 'Views': Introducing a New Dataset to Explore Compliance with the Decisions of the UN Human Rights Treaty Bodies' Individual Complaints Procedures.
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Ullmann, Andreas J. and von Staden, Andreas
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HUMAN rights , *TREATIES , *LEGAL judgments , *QUANTITATIVE research - Abstract
Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of compliance. The TBVD can be used for research on the activities of the treaty bodies, the nature of the decisions themselves, or state behavior following a decision. An empirical application illustrates how the TBVD can advance knowledge about the factors that correlate with compliance with adverse UNTB decisions. Results show that the likelihood of implementation hinges critically on decision-level characteristics, and reveal differences and similarities between compliance with UNTB decisions and regional human rights court judgments. [ABSTRACT FROM AUTHOR]
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- 2024
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21. Influenced by Power or Reasons? The Role of Amicus Curiae Briefs in Constitutional Court Decision-Making.
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Bagashka, Tanya, Chapa, Samantha, and Tiede, Lydia
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CONSTITUTIONAL courts , *AMICI curiae , *LEGAL judgments , *DECISION making , *CIVIL society - Abstract
In what ways do amicus curiae or friend of the court briefs shape the decisions of constitutional courts outside of the United States? Using a unique data set of more than nine hundred briefs from the Bulgarian Constitutional Court, hearing cases of constitutional review and legal interpretation, we analyze the Court's propensities to both borrow language from briefs and cite the identity of interested parties. We find that the Court is more inclined to incorporate language from briefs by powerful government actors rather than non-governmental groups. Furthermore, the Court's alignment with the governing coalition and the type of constitutional review also influence the propensity to borrow language from briefs. However, the Bulgarian Constitutional Court does not appear to favor citing any particular interested party. These results question whether the briefing process in Bulgaria lives up to democratic expectations for including less powerful civil society viewpoints into decision-making. The study is one of the few of its kind to explore how the reasoning found within the brief influences an important national high court outside of the United States. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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22. Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments.
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Nash, Caitlin, Dioso-Villa, Rachel, and Porter, Louise
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GUILTY pleas , *LEGAL judgments , *JUDICIAL error , *APPELLATE courts , *ACTUAL innocence - Abstract
Criminal defendants can face significant pressures to plead guilty, but wrongful conviction scholarship has largely overlooked the study of guilty pleas. This study content analyzed 139 Australian appellate court judgments in which a guilty plea conviction was overturned, investigating the types of errors involved in these convictions, and the stage of the criminal justice process at which the errors occurred. The findings revealed that errors occurred during the police investigation, pretrial preparations, and formal court procedures, with the most frequent errors involving incorrect or inappropriate charges, inadequate legal representation, and the courts erroneously accepting a guilty plea. The findings raise important implications regarding the adequacy of safeguards to ensure guilty pleas are appropriate or factually and legally accurate. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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23. Russian Bans on 'Fake News' about the war in Ukraine: Conditional truth and unconditional loyalty.
- Author
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Sherstoboeva, Elena
- Subjects
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FAKE news , *LOYALTY , *FREEDOM of expression , *WAR , *LEGAL judgments , *IDEOLOGY - Abstract
This article examines Russia's practice of the ban introduced by the so-called 'fake news laws' during the war against Ukraine. It blends doctrinal legal with discourse analysis to study how and why Russian courts have applied the laws, which epistemology of knowledge they have constructed while limiting fake news about the war and what implications this has for freedom of expression and public debate of the war within Russia. The dataset covers 446 Russian court decisions from 2022 to 2023. A historical approach is utilised to discuss the results in connection to the Soviet Communist ideology. The article argues that Russian courts have used the laws to make truth in Russia conditional and loyalty unconditional, actualising the Soviet principles of 'partyness', 'objectivity' and 'scientificalness'. It demonstrates how courts construct a mythologised reality about the 'imaginary' 'military operation' to help the government monopolise the public debate and misrepresent the war against Ukraine within Russia. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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24. On the Discursive-Material Enactment of Criminal Violence: How Death and Injury Come to Matter to the Criminal Law.
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Gilani, Sabrina
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CRIMINAL law ,LEGAL judgments ,FORENSIC pathology ,VIOLENCE ,CRIME scenes ,POSTHUMANISM ,MATERIALISM ,VIOLENCE in motion pictures - Abstract
This article seeks to challenge the prevailing view that violence is legally actionable because human bodies are capable of experiencing pain, injury, and death. Drawing on literature in the area of new materialism, this article demonstrates how pain, injury, and death are not ontological properties of the flesh-and-bone body, but rather, they are the effects of how violence is made sense-able, knowable, as part of the criminal legal process. Here, I examine four of the materializing practices through which violence becomes sense-able to us: crime scene photography, forensic pathology, legal judgments, and bodily performance. If the effects of criminal violence can be traced to the discursive practices by which we observe, measure, think, and speak about bodies, it becomes much harder to sustain the view that human violence is exceptional because the human body is special. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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25. Breaking the Invisible Chains With Policy: How Insurance Companies Can Help End Human Trafficking in the Hotel Industry.
- Author
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Ludlow, John and Paraskevas, Alexandros
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HUMAN trafficking ,HOTELS ,BUSINESS insurance ,REASONABLE care (Law) ,INSURANCE companies ,LEGAL judgments - Abstract
Human trafficking in the hotel industry represents a hidden threat that demands decisive action. Despite public commitments, the sector's initiatives remain inconsistent, and a wave of lawsuits imposes both financial and reputational risks. Through analysis of relevant legislation and case law, the article demonstrates hotels' potential liability as venues enabling trafficking. However, inconsistent self-regulation and lawsuits reveal limited progress. The authors advocate for insurance companies to play a pivotal role in combatting human trafficking in the hotel industry by strategically adjusting coverage provisions. They trace the historical influence of insurers on the trajectory of slavery when 18th-century British insurers' actions contributed to the rise of abolitionism and argue that similar private regulation today can incentivize hotels' proactive measures against trafficking. The article proposes that insurers possess diverse tools, including exclusions, premium adjustments, auditing, and loss prevention, to compel action rather than complacency. Mandated self-insured retentions can also hold hotels financially accountable for their negligence. However, relying solely on pricing alterations faces challenges due to market competition and inconsistent judicial rulings on liability exclusions. Ultimately, addressing this complex issue requires a collaborative, multi-stakeholder approach. Government fines and prosecutions can further incentivize self-disclosure and cooperation, while publicized settlements can promote transparency and empower consumers to make informed choices for hotel venues. This combined framework can transition hotels from passive enablers to active contributors in the fight against human trafficking, fulfilling their duty of care and catalyzing meaningful progress against human exploitation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
26. Indicators of Progress in the Wake of Endrew F.: The Distinction Between Professional Recommendations and Judicial Rulings.
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Zirkel, Perry A. and Yell, Mitchell L.
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- *
LEGAL judgments , *SPECIAL education teachers , *SCHOOL districts , *INDIVIDUALIZED education programs , *STUDENTS with disabilities , *SPECIAL education , *EDUCATIONAL benefits - Abstract
The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In Endrew F. v. Douglas County School District RE-1 (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in Board of Education v. Rowley (1982). The Endrew F. court modified the Rowley standard of requiring the individualized education program (IEP) to be reasonably calculated to enable the student to receive educational benefit to requiring a student's IEP to be reasonably calculated to enable the student to "make progress appropriate in light of the student's circumstances." The purpose of this article is to compare what the post– Endrew F. courts use with what the professional literature recommends as measures of appropriate progress. The results inform special education practitioners about the significant discrepancy between the courts' focus on the "must" of legal requirements and the "should" of professional recommendations. The discussion suggests ways that special education professionals can use their expertise to inform courts and legislatures to narrow this gap for the benefit of more effective progress for students with disabilities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
27. Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces.
- Author
-
Hong, Youngki, Chua, Kao-Wei, and Freeman, Jonathan B.
- Subjects
- *
LEGAL judgments , *TRUST , *STEREOTYPES , *FACIAL expression , *CAPITAL punishment sentencing , *CRIMINAL sentencing - Abstract
Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates' life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. Editors Note.
- Subjects
- *
SOCIAL media , *KILLINGS by police , *FREEDOM of speech , *PRESS , *LEGAL judgments - Abstract
This document is an editorial note from the Newspaper Research Journal. It discusses the gap between technology and the law, with recent Supreme Court cases and legislation suggesting that the gap may be closing. The article highlights the implications of these cases for communication and news media, such as the ruling that public officials may be sued for blocking critics on social media. It also mentions upcoming Supreme Court cases related to government interactions with social media companies and the question of whether social media companies have editorial control over content. Additionally, the document mentions legislation calling for the sale or banning of TikTok due to concerns about privacy and national security. The editorial note concludes by acknowledging the interest in media literacy, misinformation, and the role of social media in modern society. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
29. Numerical Representation for Action in Crows Obeys the Weber-Fechner Law.
- Author
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Kirschhock, Maximilian E. and Nieder, Andreas
- Subjects
- *
WEBER-Fechner law , *JUDGMENT (Psychology) , *LEGAL judgments , *NUMBER systems , *ANIMAL carcasses - Abstract
The psychophysical laws governing the judgment of perceived numbers of objects or events, called the number sense, have been studied in detail. However, the behavioral principles of equally important numerical representations for action are largely unexplored in both humans and animals. We trained two male carrion crows (Corvus corone) to judge numerical values of instruction stimuli from one to five and to flexibly perform a matching number of pecks. Our quantitative analysis of the crows' number production performance shows the same behavioral regularities that have previously been demonstrated for the judgment of sensory numerosity, such as the numerical distance effect, the numerical magnitude effect, and the logarithmical compression of the number line. The presence of these psychophysical phenomena in crows producing number of pecks suggests a unified sensorimotor number representation system underlying the judgment of the number of external stimuli and internally generated actions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
30. Examining Sex-Based Measurement Invariance in the Youth Level of Service/Case Management Inventory.
- Author
-
Kitzmiller, Mary K., Hoskins, Kayla, and Cavanagh, Caitlin
- Subjects
- *
INVENTORY control , *YOUTH services , *JUVENILE offenders , *JUVENILE delinquency , *SEX (Biology) , *JUVENILE courts , *LEGAL judgments - Abstract
Juvenile risk assessments are used to predict likelihood of reoffending in court-involved youths, and inform several decisions throughout court supervision. Accordingly, it is critical that the psychometric properties of juvenile risk assessment instruments are consistent for youths across demographic subgroups, particularly biological sex. This study tests the measurement invariance of the Youth Level of Service/Case Management Inventory (YLS/CMI) by sex. Analyses draw from 2,384 youths who were adjudicated as delinquent in a county-level juvenile court. Results indicate that the factor configuration and structure of the YLS/CMI are consistent for youths across sex. However, boys and girls differ appreciably in risk profile. Findings validate the use of the YLS/CMI and highlight the importance of responsivity to sex-based variation in criminogenic risk. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
31. When Advocates Become Adjudicators: Tracing the Effects of Prosecutorial and Public Defense Experience on Judicial Decision Making.
- Author
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Miller, Banks and Curry, Brett
- Subjects
- *
LEGAL judgments , *DECISION making , *PUBLIC prosecutors , *JUDGES , *PUBLIC defenders , *IDEOLOGY - Abstract
We assess the influence professional background – specifically, having been a prosecutor or a public defender – exerts on decision making by federal district court judges. Focusing on search and seizure cases, we analyze nearly 1500 motions to suppress evidence from 2000 to 2022. In addition to controlling for judicial ideology and a judge's prior experience as a prosecutor or public defender, we utilize matching to address endogeneity concerns related to one's ability to self-select into one of these positions—which may itself be influenced by that individual's ideological predispositions. We find that having been a former prosecutor, as well as the length of time that service spans, makes a judge significantly more likely to rule against a motion to suppress. Former public defenders are significantly more likely to grant that suppression motion, though their propensity to do so is not affected by the length of time served in that capacity. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
32. Incidence and Outcomes of School Finance Litigation: 1968–2021.
- Author
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Hanushek, Eric A. and Joyce-Wirtz, Matthew
- Subjects
THIRD party litigation funding ,EDUCATIONAL finance ,STATE constitutions ,DECISION making ,STATE courts ,LEGAL judgments - Abstract
State courts regularly enter in school finance decision making. School finance court cases have proceeded one or more times in all but two states. Plaintiffs ask the courts to rule that the existing funding formula is unconstitutional under state constitutions, and the defendants call for continuation of the existing finance formula. By compiling and analyzing the universe of such cases, we can accurately describe the nature of the cases, the decisions made, and the long run impact on overall financing of schools. Defendants win a slight majority of decisions with, surprisingly, their victories coming most frequently in low spending states and in low achieving states. And, while plaintiff victories on average yield an immediate increase in funding, they have no influence on long run growth in school spending. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
33. Bilingual processing of case-marking and locative verbs in Korean: Use of L2-unique information.
- Author
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Park, Sun Hee and Kim, Hyunwoo
- Subjects
- *
KOREAN language , *VERBS , *CHINESE language , *LEGAL judgments , *RESEARCH questions , *SECOND language acquisition , *TERRITORIAL marking (Animals) - Abstract
Aims and objectives/purpose/research questions: Previous studies show conflicting findings regarding bilingual processing of target information not instantiated in learners' first language. The current study addresses this issue by investigating whether Chinese speakers can integrate case-marking information, which is unique to Korean, with locative verb information in their processing of the Korean locative constructions. Design/methodology/approach: We conducted an acceptability judgment task to assess Chinese–Korean bilinguals' explicit knowledge of case-marking constraints on Korean locative constructions, and a self-paced reading task to probe their application of the knowledge to real-time sentence processing. Data and analysis: Twenty-four advanced Chinese–Korean bilinguals' acceptability judgments and reading times were compared with those of 24 Korean monolingual speakers, using mixed-effects regression modeling. Findings/conclusions: Results from the offline acceptability judgment task revealed the bilinguals' native-like judgment patterns. Both Korean monolingual and Chinese–Korean bilinguals rejected sentences with wrong case-marking sequences paired with locative verbs. In the self-paced reading task, both monolingual and bilingual speakers showed increased reading times when a mismatch arose between case-marking and locative verb information, indicating their sensitivity to locative agreement violations. Originality: While previous studies have investigated bilinguals' integration of multiple sources of information, this study adds a new perspective to this issue by testing whether bilinguals can use L2-unique information (i.e., case marking) to integrate it with other types of information (i.e., locative verbs) for sentence processing. Significance/implications: Our findings are consistent with the competition model which predicts that L2-unique information presents little processing difficulty for bilinguals. At the same time, the current results lend credence to the idea that increased proficiency allows bilinguals to integrate multiple information sources during processing. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
34. Efficacy of peaceful and violent protests as predictors of normative and non-normative collective action: Catalonia 2019 (La eficacia de la protesta pacífica y de la violenta como predictores de la acción colectiva normativa y no normativa: Cataluña 2019)
- Author
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Franc, Renata, Pavlović, Tomislav, Soler-i-Martí, Roger, and Maglić, Marina
- Subjects
- *
VIOLENCE , *COLLECTIVE action , *PUBLIC demonstrations , *LEGAL judgments , *GROUP identity - Abstract
To demonstrate the value of operationalizing the efficacy of action beliefs in terms of peaceful and violent actions in understanding why people engage in different forms of collective action (CA), we conducted a study (N = 211 students) in Catalonia in 2019, during the massive protests after the Spanish Supreme Court ruling on the Catalan leaders. We tested six models differing regarding the operationalization of CA and inclusion of group identity and perceived injustice as control factors. The role of the efficacy of peaceful protests was model-dependent. Conversely, we found evidence in favour of the efficacy of violent protests as a robust predictor of intentions to participate in non-normative CA — participants perceiving violence as effective exhibited stronger intentions to participate in non-normative CA. Furthermore, no predictor other than the efficacy of violent protests predicted the variance of non-normative CA isolated from the variance of normative CA, implying that studying the perceived efficacy of different types of CA could improve our understanding of why people engage in different forms of CA. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
35. The economic case for conviction multiplicity.
- Author
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Fisher, Talia
- Subjects
- *
LEGAL evidence , *LEGAL judgments - Abstract
Evidence law categorises convictions in purely binary terms, excluding the possibility of judgment of degree. The derivative allocation of punishment also assumes a similarly binary, 'all or nothing' structure: punishment can be calibrated, but not with the established probability of guilt. The article will use economic analysis to formulate the deterrence-based case for deserting this binary conceptualisation, in favour of a multiplicity of conviction categories. The discussion will be devoted both to the context of plea bargaining and to the realm of the criminal trial: with respect to plea bargaining, the article will present the economic case for converting the criminal standard of proof into a negotiable feature of trial. In the trial context, the article will make the deterrence-based argument for calibrating the size of the sanction with the level of proof, in a manner which accommodates a host of conviction categories. Using these examples and the tools of economic analysis, the article will demonstrate how a multiplicity of conviction categories and derivative distribution of punishment could allow for a better realisation of the deterrence goals underlying the criminal justice system. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
36. From Segregation to Suspension: The Solidification of the Contemporary School-Prison Nexus in Boston, 1963-1985.
- Author
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Kautz, Matthew B.
- Subjects
- *
SCHOLARLY method , *SCHOOL discipline , *SOLIDIFICATION , *MASS incarceration , *LEGAL judgments - Abstract
Current scholarship emphasizes the adoption of "zero-tolerance" policies as the cause of the punitive turn in school discipline. The focus on "zero tolerance," however, has obscured how and for what offenses schools most commonly issue suspensions, namely non-attendance and "classroom disruption." Using Boston as case study, this article situates the formation of the contemporary school-prison nexus in the decades following the Supreme Court's decision in Brown v. Board of Education and argues the preservation of educator discretion shaped its structure. Beginning in the decade prior to Boston's court-ordered desegregation, it analyzes how white Bostonians racialized conceptions of safety and crime to sustain segregation and how that rhetoric shaped the city's preparations for and implementation of desegregation. It examines how police conduct combined with educators' disciplining power repurposed the racist logics undergirding segregation to make schools active institutions in spurring carceral expansion and later mass incarceration. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. Beyond the Myth of Legality? Framing Effects and Public Reactions to High Court Decisions in Europe.
- Author
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Magalhães, Pedro C., Skiple, Jon K., Pereira, Miguel M., Arnesen, Sveinung, and Bentsen, Henrik L.
- Subjects
- *
LEGAL judgments , *FRAMES (Social sciences) , *PUBLIC opinion , *PARTISANSHIP , *MYTH , *JUDICIAL process - Abstract
How do people respond to different decision-making processes in high courts? One long-standing view suggests that citizens expect courts to be neutral arbiters of legal controversies. Although the relevance of such "myth of legality" has been challenged, we know very little about the relationship between the portrayals of the motives of courts and justices and public attitudes in civil law countries. We explore this question in a pair of experiments in Norway and Portugal where we isolate the effects of different institutional frames from outcome favorability. We find that while partisan frames are detrimental to fairness perceptions and acceptance of decisions, depictions of judicial decision-making that emphasize policy goals do not adversely affect citizens' responses in comparison with legalistic frames. The results suggest that, even in civil law systems, preserving the myth of legality may not be a necessary condition to elicit public support for judicial decisions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
38. An Assessment of the Supreme Court's Ruling in South Dakota V. Wayfair : A Macromarketing Case Study.
- Author
-
Adams, Ronald J.
- Subjects
LEGAL judgments ,MACROMARKETING ,GOVERNMENT policy ,TAX incidence ,COVID-19 pandemic - Abstract
Years ago Shelby Hunt noted that cromarketing focuses on marketing systems, the impact of marketing systems on society, and the impact and consequences of society on marketing systems. The ruling by the United States Supreme Court enabling states to require remote sellers to collect and remit sales taxes on in-state purchases exemplifies the latter. Imposing a new tax burden on previously untaxed remote sellers has the power to alter the structure of retailing and impact consumer welfare. Responding to "new economic realities," the Court reversed long-standing precedent requiring that sellers must have a physical presence in the state to be subject to taxation. Proponents viewed this as a major step in restoring lost tax revenues to the states. Critics point to the inconsistency of the Court's ruling with stare decisis, the regressive nature of sales taxes, and recent public policy mandates stemming from the Covid pandemic. Although the Wayfair ruling is now the law and many of the concerns voiced prior to the Court's action seem to have been unfounded, the macromarketing implications remain. The potential impact of public policy on retailing cannot be ignored nor should the regressive nature of an increase in sales taxes on income inequality be overlooked. Additionally, there remain questions of fairness and administration with the ruling. Students of macromarketing should not ignore these issues. The responsibility to examine the impact of society—and the Court—on marketing systems was reinforced years ago by Bartels and Jenkins: "...the goal of marketing is the achievement of entrepreneurial goals in a manner consistent with the best overall interests of society... Macro models represent value judgments made by society for society; by governments in the form of laws, administrative orders, and judicial decisions...and by others who assume the role of advocating what is best for the general welfare." [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
39. On the Strength of Trust: The Moderating Role of Certainty in Judgments of Authorities.
- Author
-
Song, Hwanseok
- Subjects
- *
TRUST , *JUDGMENT (Psychology) , *LEGAL judgments , *INTERPERSONAL communication , *INTERPERSONAL conflict , *CERTAINTY , *COVID-19 pandemic - Abstract
Communication studies often measure trust in or credibility of message sources as if their effects on critical consequences such as behavior are uniform across individuals and contexts. Drawing on the literature of attitude strength, this paper argues that considering the certainty of trust judgments enables researchers to better understand when trust is likely to induce desired behavior such as cooperating with a judged authority. Using two studies in different contexts, one from a local environmental dispute and another from the national-level COVID-19 pandemic in the U.S., the current paper shows that communication practices (e.g., personal interaction, news media use, interpersonal discussion) reinforce people's certainty in their judgment of authorities. This certainty, in turn, interacts with the effect of trust such that trust judgments greater in certainty are more likely to lead to behavioral intentions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
40. When Might Two Offences be Founded on the Same Course of Conduct?: R v Hamer [2023] EWCA Crim 516.
- Author
-
Parpworth, Neil
- Subjects
- *
GUILTY pleas , *CRIMINAL justice system , *LAW enforcement , *DRUNK driving , *LEGAL judgments - Abstract
Of course, in I Hamer i , unlike in either I McEvilly i or I Ismail i , the appellant had not been charged with alternative offences but with what was regarded by the prosecution as separate and distinct offences. Moreover, the imposition of concurrent rather than consecutive sentences for the s.139(1) and s.29 offences meant that the totality of the appellant's sentence, 15 months' imprisonment, was no greater than it would have been had he been convicted of the s.139(1) offence alone. But if the defendant is convicted by the jury on the more serious offence, he will be sentenced on that matter and the court should order that the alternative offence to which he had previously pleaded guilty should lie on the file' (at [21]). [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
41. Identifying a "Miscarriage of Justice": Factors Influencing a Successful Appeal Against a Guilty Plea Conviction in Australia.
- Author
-
Nash, Caitlin, Dioso-Villa, Rachel, and Porter, Louise
- Subjects
- *
GUILTY pleas , *JUDICIAL error , *MULTIPLE regression analysis , *LOGISTIC regression analysis , *LEGAL judgments - Abstract
While the difficulties in appealing a guilty plea conviction are widely acknowledged, little research has investigated how appellate courts handle guilty plea convictions. This study addresses this gap by examining Australian appellate court judgments in which a guilty plea conviction was contested, comparing successful appeals where a guilty plea conviction was overturned (n = 193) against unsuccessful appeals where a guilty plea conviction remained (n = 375). Hierarchical multiple logistic regression analysis revealed that, independent of other case characteristics, legal representation on appeal and support from legal actors significantly predicted a successful appeal, while significant predictors of an unsuccessful appeal included male defendants, defendants who received a term of imprisonment, and those who argued they were pressured to plead guilty. The findings highlight the significant influence of legal and extra-legal factors on appellate decision-making beyond the grounds of appeal raised by the defendant, raising important policy implications for the post-conviction process. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
42. Assessing the time course and magnitude of different forms of attentional priming.
- Author
-
Kristjánsson, Árni and Jóhannesson, Ómar I.
- Subjects
- *
VISUAL perception , *FACIAL expression , *LEGAL judgments , *NATURE study , *STIMULUS & response (Psychology) - Abstract
Priming of attentional selection involves speeded selection of task-relevant visual search items when search stimuli remain constant between trials. Various paradigms involving different features have been used to study the nature of this priming. The tasks differ greatly in difficulty and the neural mechanisms involved, raising the question of how easily priming on one feature dimension can be used to draw conclusions about priming on another. Here, this was addressed by contrasting time courses and relative sizes of priming effects for the repetition of a lower-level and higher-level feature (color vs. facial expression). Priming was tested in two odd-one-out search tasks, one involving discrimination (experiments 1A and 1B), the other a present/absent judgment (experiments 2A and 2B). The main question was how similar the size and temporal profiles of priming are for the two features. The sizes of the priming effects were very different for color and expression and color priming effects lasted for much longer than expression priming (measured with memory kernel analyses), suggesting that the mechanisms behind the effects differ in their operational principles. Different forms of priming should only be compared with great caution and priming seems to occur at many levels of processing. Priming should be thought of as a general principle of perceptual processing. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. Environmental Law With Non-Human Features in India: Giving Legal Personhood to the Ganges.
- Author
-
Nakazora, Moe
- Subjects
PERSONALITY (Theory of knowledge) ,ENVIRONMENTAL law ,LEGAL documents ,LEGAL judgments ,CITIZEN suits (Civil procedure) ,ENVIRONMENTALISM - Abstract
Against the wider backdrop of a global acceleration of Right of Nature (RoN) legal provisions, this article focuses on recent Indian court cases that created legal personhood for the Ganges and Yamuna rivers, to explore why and how this form of legality was created. Based on anthropological fieldwork, the article then critiques contemporary assertions that simply present the Indian judgments as infiltrations of Hindu cosmology into the legal framework, basically 'saffronisation' of Indian environmentalism. Deeper analysis reveals the need for interdisciplinary, historically grounded study of processes of law-making and pertinent court rulings produced in Indian environmental jurisprudence. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
44. EU legal and regulatory update APRIL 2023.
- Author
-
Milchior, Richard
- Subjects
- *
NUTRITIONAL requirements , *LEGAL judgments , *MONOCLONAL antibodies , *ADMINISTRATIVE courts , *GENERIC drug manufacturing , *HEALTH facilities , *JUDGES - Abstract
Kwizda Pharma markets four products in respect of which it states that their ingredients prevent bacteria from adhering to the mucous membranes of the urinary tract, so that the consumption of those products is recommended in the event of urinary tract infections ("the products in question"). I Herald Avocats is a French law firm involved in intellectual property law, pharmaceutical law and European Union law that provides services to healthcare, biotech and pharmaceutical companies. i This section is intended to be a synopsis of recent developments and is not intended to be all comprehensive. The referring court also questions the distinction between the concept of "food for special medical purposes" and that of "medicinal product" and "food supplement". Therefore, by deciding that the Commission also had to check the existence of a therapeutical contribution in the first medicine and of its absence in the second and to examine how this was working in the first medicine and how this had been examined by the CHMP and by the national authority which granted a marketing authorization, the General court did not correctly apply the regulatory framework. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
45. Non-attendance at a Crown Court Appeal and Procedural Unfairness: Lawal v Crown Court at Cambridge [2023] EWHC 466 (Admin).
- Author
-
Parpworth, Neil
- Subjects
- *
APPELLATE courts , *COURTS , *LEGAL self-representation , *LEGAL judgments - Abstract
Where an unrepresented appellant does not attend their hearing at the Crown Court, there are three potential courses of action available to the court: adjourn the appeal; determine the appeal by way of a re-hearing of the evidence; or, strike the case from the list. Crown Court, appeal against conviction, absence of appellant, dismissal of appeal, litigant in person, reasonableness Keywords: Crown Court; appeal against conviction; absence of appellant; litigant in person; dismissal of appeal; reasonableness EN Crown Court appeal against conviction absence of appellant litigant in person dismissal of appeal reasonableness 227 230 4 07/04/23 20230601 NES 230601 The claimant was the driver of one of three vehicles which were involved in a damage only collision. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
46. Judicial Philosophy and the Public's Support for Courts.
- Author
-
Krewson, Christopher N. and Owens, Ryan J.
- Subjects
- *
JUDICIAL process , *LEGAL judgments , *JURISPRUDENCE , *PUBLIC opinion , *IDEOLOGY , *PARTISANSHIP - Abstract
How do Americans' preferences over judicial philosophy influence their support for judges and judicial decisions? Using an experiment attached to an adaptive choice-based conjoint analysis, we find that people hold preferences over judicial philosophies, that they rely on those preferences to evaluate judges and decisions, and that those preferences are not simply stand-ins for ideology and partisanship. These findings suggest that to understand people's support for judges and judicial decisions one must pay attention to judicial philosophy. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
47. Media Attention and Deliberation on the Supreme Court.
- Author
-
Badas, Alex and Justus, Billy
- Subjects
- *
PRESS & politics , *POLITICAL communication , *DELIBERATION , *JUDICIAL process , *LEGAL judgments - Abstract
The news media acts as a "watchdog" over political institutions by holding them accountable for their actions through critical commentary. Being that the Supreme Court rarely interacts directly with the public, the news media is the primary mechanism through which individuals become aware of the Supreme Court's actions and decisions. Thus, for the Supreme Court, the news media's role as a "watchdog" takes greater meaning than it does for institutions that often speak directly to the public. Considering this, along with the Supreme Court's use of strategic presentation, we argue that news media attention to particular cases will influence the extent to which the Supreme Court deliberates on argued cases. We find support for our hypothesis in four contexts. First, cases with more news media attention take longer to produce a published opinion. Second, cases with greater media attention are more likely to be reargued. Third, cases with more news media attention produce a higher number of draft opinions before being published. Fourth, cases with more news media attention produce opinions with a greater share of cognitive mechanisms included in them. Our results have implications for the Justice's use of strategic behavior and the potential constraints faced by the Court in its decision-making. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
48. Cultural Expertise versus Strategic Ignorance: Confronting Cultural Diversity In and Out of Court in Poland.
- Author
-
Burdziej, Stanisław
- Subjects
- *
CULTURAL pluralism , *DISPUTE resolution , *SOCIAL scientists , *EXPERT evidence , *EXPERTISE , *NONGOVERNMENTAL organizations , *LEGAL judgments - Abstract
Based on a systematic analysis of three databases of court decisions and a comprehensive overview of out-of-court use of cultural expertise in dispute resolution across various institutional contexts, this article investigates how Polish authorities tackle emerging issues of cultural diversity. Although Poland remains one of the European Union's (EU) most ethnically and culturally homogeneous countries, increased immigration and internal pluralism bring new challenges for the courts and other public institutions involved in dispute resolution. Increasingly, generic references and commonsense understandings are replaced by more precise indications of sources, uses of academic sources or reports by non-governmental organizations (NGOs), and appointment of relevant experts. On the other hand, judges still tend to attempt their own interpretations and usually reject motions to instruct social scientists as expert witnesses, choosing the approach once aptly described as "strategic ignorance."2 Thus, in this article, I look at how Polish courts justify instruction (or rejection of motions to instruct) social scientists as expert witnesses and where they draw the line between common sense and expert interpretations of culture. I also survey the rising demand for cultural expertise in dispute settlement in immigration services, detention centers, the military, and education. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
49. Ambient Temperature in Online Service Environments.
- Author
-
Orth, Ulrich R., Spielmann, Nathalie, and Meyer, Caroline
- Subjects
COGNITION ,STEREOTYPE content model ,JUDGMENT (Psychology) ,VIRTUAL tourism ,LEGAL judgments ,CONSUMER behavior - Abstract
A mbient T emperature in O nline S ervice environments (ATOS) is a sensory cue not directly accessible in current online servicescape technology, but inferred from secondary cues, particularly visual ones. This study integrates research on cross-modal inferences with a situated cognitions framework and the stereotype content model to show that ATOS enhances judgment of service provider warmth, in turn influencing important service outcomes. A pilot study explores the linkages between consumer online and offline experiences, providing evidence for online service environments' capacity (especially ATOS) to shape customer judgment and behavior. Study 1 examines a tropical island holiday resort to show that online representations of the environment evoke situated cognitions and preferences consistent with high ambient temperature. Study 2 uses virtual tours of cafés to demonstrate that ATOS, through judgment of service provider warmth, positively influences purchase intention and other managerially important service outcomes. Study 3 employs 12 service contexts to replicate ATOS effects, mediated through warmth, and to show that effects are stronger in contexts where service provision is directed more at objects (vs. people). Given that ambient temperature is ubiquitous in all types of service settings and easily adjusted by practitioners, managerial implications outline how service marketers can more effectively employ ATOS. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
50. Methodological Training in Special Education Doctoral Programs: A Mixed-Methods Exploration.
- Author
-
Corr, Catherine, Love, Hailey, Snodgrass, Melinda R., Kern, Justin L., and Chudzik, Mia
- Subjects
SPECIAL education ,DOCTORAL programs ,DOCTORAL students ,GRADUATE students ,LEGAL judgments - Abstract
Doctoral education is the primary time in which scholars learn about research methodologies and begin to develop their own research agendas and skills. Yet, to date, few research studies have examined graduate students' perceived value of, and access to, training in multiple research methodologies. The purpose of this study was to explore special education doctoral students' experiences at research-intensive universities in relation to mixed methods, quantitative, and qualitative methodologies. Using a mixed-methods research design, we explore the extent to which research judgments, skills, paradigmatic values, and methodological identities are diverse and how those features interact when doctoral students judge research. First, doctoral students were invited to participate in a survey (replicating McKim, 2017). Then, students who volunteered during the survey were individually interviewed about their methodological training and identity. We present the results and discuss how they can inform personnel preparation for the next generation of research scholars and consumers. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
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