Who Wins and Who Loses in the Provincial Courts of Appeal? A Statistical Analysis, 1920–1990

Author(s):  
Peter McCormick

AbstractGiven the visibility and obvious importance of judicial power in the age of the Charter, it is important to develop the conceptual vocabulary for desribing and assessing this power. One such concept that has been applied to the study of appeal courts in the United States and Great Britain is “party capability”, a theory which suggests that different types of litigant will enjoy different levels of success as both appellant and respondent. Using a data base derived from the reported decisions of the provincial courts of appeal for the second and seventh year of each decade since the 1920s, this article applies party capability theory to the performance of the highest courts of the ten provinces; comparisons are attempted across regions and across time periods, as well as with the findings of similar studies of American and British courts.

1993 ◽  
Vol 26 (3) ◽  
pp. 523-540 ◽  
Author(s):  
Peter McCormick

AbstractNow that the advent of the Canadian Charter of Rights and Freedoms has made the fact of judicial power so obvious, it is important to develop the conceptual vocabulary for describing and assessing this power. One such concept that has been applied to the study of United States and British appeal courts is the notion of “party capability theory,” which suggests that different types of litigant will enjoy different levels of success, as both appellant and respondent. Using a data base derived from all reported decisions of the Supreme Court of Canada between 1949 and 1992, this article applies party capability theory to the performance of Canada's highest court, and compares the findings with similar studies of American and British courts.


Data Series ◽  
10.3133/ds47 ◽  
1998 ◽  
Author(s):  
Philip A. Baedecker ◽  
Jeffrey N. Grossman ◽  
Kim P. Buttleman

Public Voices ◽  
2016 ◽  
Vol 10 (2) ◽  
pp. 68 ◽  
Author(s):  
Jens Ivo Engels

The so-called “long 19th century”, from the French Revolution to the First World War, ranks as the crucial phase in the genesis of the modern world. In the Western countries this period was characterized by the differentiation of the public and the private spheres, the birth of the modern bureaucratic state and the delegitimation of early modern practices such as clientelism and patronage. All these fundamental changes are, among other things, usually considered important preconditions for the modern perception of corruption.This paper will concentrate on this crucial phase by means of a comparative analysis of debates in France, Great Britain and the United States, with the aim to elucidate the motives for major anti-corruption movements. The questions are: who fights against corruption and what are the reasons for doing so? I will argue that these concerns were often very different and sometimes accidental. Furthermore, an analysis of political corruption may reveal differences between the political cultures in the countries in question. Thus, the history of corruption serves as a sensor which enables a specific perspective on politics. By taking this question as a starting point the focus is narrowed to political corruption and the debates about corruption, while petty bribery on the part of minor civilservants, as well as the actual practice in the case of extensive political corruption, is left aside.


Author(s):  
Anne Nassauer

This book provides an account of how and why routine interactions break down and how such situational breakdowns lead to protest violence and other types of surprising social outcomes. It takes a close-up look at the dynamic processes of how situations unfold and compares their role to that of motivations, strategies, and other contextual factors. The book discusses factors that can draw us into violent situations and describes how and why we make uncommon individual and collective decisions. Covering different types of surprise outcomes from protest marches and uprisings turning violent to robbers failing to rob a store at gunpoint, it shows how unfolding situations can override our motivations and strategies and how emotions and culture, as well as rational thinking, still play a part in these events. The first chapters study protest violence in Germany and the United States from 1960 until 2010, taking a detailed look at what happens between the start of a protest and the eruption of violence or its peaceful conclusion. They compare the impact of such dynamics to the role of police strategies and culture, protesters’ claims and violent motivations, the black bloc and agents provocateurs. The analysis shows how violence is triggered, what determines its intensity, and which measures can avoid its outbreak. The book explores whether we find similar situational patterns leading to surprising outcomes in other types of small- and large-scale events: uprisings turning violent, such as Ferguson in 2014 and Baltimore in 2015, and failed armed store robberies.


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