The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century

2011 ◽  
Vol 45 (1) ◽  
pp. 139-170 ◽  
Author(s):  
Russell Smyth ◽  
Vinod Mishra
Keyword(s):  
Twentieth Century ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Australian State ◽  
Legal Precedent

The Transmission of Legal Precedent: A Study of State Supreme Courts

1985 ◽  
Vol 79 (1) ◽  
pp. 178-194 ◽  
Author(s):  
Gregory A. Caldeira
Keyword(s):  
Political Culture ◽  
Legal Capital ◽  
State Supreme Courts ◽  
Social Diversity ◽  
Supreme Courts ◽  
The Social ◽  
Legal Precedent ◽  
The Prestige ◽  
Legal Reporting

In the course of making and justifying decisions, judges on state supreme courts often rely on precedents from other jurisdictions. These judicial references across boundaries constitute at least one means of communication and, in turn, demonstrate a complex web of deference and derogation between and among various courts. I attempt to uncover patterns of citation between the several state supreme courts and to evaluate alternative explanations for these patterns, including distance between courts; similarity of political culture; the prestige, professionalism, legal capital, and caseload of the cited court; the social diversity of the environment; differentials between courts on a number of dimensions; and presence in the same legal reporting region. More globally, I ask: Does the intensity of communications between a pair of courts result from the characteristics of the cited court or from differences and similarities between courts or jurisdictions? The results indicate the importance of legal reporting districts, distance between the courts, cultural linkages between the jurisdictions and, especially, characteristics of the cited court.

Confronting Fraud Through the Courts

2017 ◽  
Author(s):  
Melissa Milewski
Keyword(s):  
Twentieth Century ◽  
The State ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Black And White ◽  
Civil Cases

Chapter 6 examines the fraud cases that black southerners litigated against whites in the first two decades of the twentieth century, in which they accused whites of deception in property dealings. Such cases formed an unusually large proportion of civil cases involving black and white litigants in the state supreme courts examined during the first two decades of the twentieth century. In case after case, black litigants testified about their diligence in attempting to understand contracts, their own ignorance and vulnerability to deception, and their trust in the defendant. As such testimony appealed to white judges’ and jury members’ ideas of racial superiority and paternalism, as well as the legal claims needed to prove fraud, their cases often proved successful despite the widespread loss of rights and fraud occurring around them.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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