The Many Saliences of Justice Michael D. Ryan: A Comparative Empirical Analysis of Concepts of Salience as Applied in State Appellate Courts

2017 ◽  
Author(s):  
Scott DeVito
Keyword(s):  
Empirical Analysis ◽  
Appellate Courts ◽  
State Appellate Courts ◽  
The Many

Delay in State Appellate Courts of Last Resort

1960 ◽  
Vol 328 (1) ◽  
pp. 153-163
Author(s):  
John R. Dethmers
Keyword(s):  
Appellate Courts ◽  
State Appellate Courts

scholarly journals Compelling Interests and Substantial Burdens: The Adjudication of Religious Free Exercise Claims in U.S. State Appellate Courts

SAGE Open ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 215824401985389
Author(s):  
Robert R. Martin
Keyword(s):  
Appellate Courts ◽  
Free Exercise ◽  
State Appellate Courts

What’s Plainly Wrong in Australian Law? An Empirical Analysis of the Rule in Farah

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Antonia Glover
Keyword(s):  
20Th Century ◽  
Empirical Analysis ◽  
Internal Consistency ◽  
The State ◽  
Judicial System ◽  
Appellate Courts ◽  
High Court ◽  
Gold Mines ◽  
Modern Context ◽  
The Law

In Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485, and again in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, the High Court pronounced that Australian courts must follow the decisions of appellate courts across Australia unless convinced that those decisions are ‘plainly wrong’. This article seeks to track the development and application of this rule in both a historical and modern context. It first examines the state of the law prior to Marlborough and then engages in an empirical analysis of the use of the rule since Marlborough in 1993, tracking how often the rule has been used and where divergence between jurisdictions has emerged. The results confirm the existence of a judicial system with an increased focus on, and practice of, internal consistency. This replaces the 20th century paradigm in which loyalty to Britain was prioritised over intra-Australian uniformity.

scholarly journals Some Open Questions on the Work of State Appellate Courts

1957 ◽  
Vol 24 (2) ◽  
pp. 211 ◽  
Author(s):  
Roger J. Traynor
Keyword(s):  
Appellate Courts ◽  
Open Questions ◽  
State Appellate Courts

Researching literary reading as social practice

2009 ◽  
Vol 18 (3) ◽  
pp. 219-230 ◽  
Author(s):  
Daniel Allington ◽  
Joan Swann
Keyword(s):  
Cultural Studies ◽  
Empirical Analysis ◽  
Social Practice ◽  
Cultural Sociology ◽  
Literary Studies ◽  
Special Issue ◽  
Literary Reading ◽  
Language And Literature ◽  
History Of ◽  
The Many

This article first discusses ‘the reader’ as generally conceived within literary studies (including stylistics), grounding its claims with an empirical analysis of articles published in Language and Literature from 2004 to 2008. It then surveys the many ways in which real readers have been empirically investigated within cultural studies, the history of reading, and cultural sociology. Lastly, it introduces the remaining papers in this special issue as contributions to the study of language and literature.

scholarly journals Effect of Media News on Radicalization of Attitudes to Immigration

2021 ◽  
Author(s):  
Massimiliano Agovino ◽  
Maria Rosaria Carillo ◽  
Nicola Spagnolo
Keyword(s):  
Public Opinion ◽  
Empirical Analysis ◽  
Media Coverage ◽  
Fuzzy Methods ◽  
Negative News ◽  
The Media ◽  
The Many ◽  
Negative Tone ◽  
The Right ◽  
The Relationship

Abstract Recent years have witnessed a growing aversion to immigration worldwide and, at the same time, radicalization of public opinion on the issue. This paper explores the relationship between media news and individual attitudes to immigration. We run an empirical analysis whereby an index capturing individuals’ pro-immigration attitude, measured in 19 countries, is regressed over indexes capturing the coverage and tone of media news about immigration. We find that pro-immigration attitudes are negatively correlated with media coverage and the negative tone of news. However, this correlation is significant only for those with high trust in the media. In the case of low trust, higher coverage of immigration and a negative news slant make previous preferences and beliefs vis-à-vis immigration more extreme, yielding a lower pro-immigration index for those politically on the right, while the opposite applies to those on the left. The pro-immigration index is constructed by means of fuzzy methods to account for the many aspects defining attitudes to immigration.

Does Judicial Selection Affect Judicial Performance? Evidence from a Natural Experiment

The Forum ◽  
2020 ◽  
Vol 18 (1) ◽  
pp. 25-50
Author(s):  
Mona Vakilifathi ◽  
Thad Kousser
Keyword(s):  
Objective Measure ◽  
State Courts ◽  
Reversal Rate ◽  
Appellate Courts ◽  
Trial Court ◽  
Supreme Courts ◽  
Trial Courts ◽  
Original Dataset ◽  
State Appellate Courts ◽  
Judicial Performance

AbstractDo judges selected by merit review commissions perform better than elected judges or those directly appointed by elected officials? This is a central question in both the academic study of state judicial institutions and the policy discourse about how to reform them. To address it, we take advantage of the variation in the means of the selection for trial court judges within Arizona, a state comprised of appointed, elected, and merit-selected trial court judges. This unique context allows us to use an objective measure of judicial performance – the reversal rate of trial court cases appealed to Arizona’s state appellate courts – to evaluate judges by their means of selection. We gather an original dataset on 2919 cases heard by 176 judges, estimating multivariate models that control for characteristics of cases and of judges. Overall, we find that elected judges have a lower reversal rate than merit-selected judges. Our findings question the conventional wisdom in the state courts literature in favor of merit selection and against judicial elections, and encourage further work on the effects of judges’ means of selection beyond state supreme courts to include state appellate and trial courts.

The Oxford Handbook of Fiduciary Law

2019 ◽  
Keyword(s):  
Empirical Analysis ◽  
Future Research ◽  
Legal Systems ◽  
Comprehensive Overview ◽  
Fiduciary Duties ◽  
Key Concepts ◽  
Fiduciary Relationships ◽  
The Many

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law’s key concepts and principles. Chapters in the volume explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The Handbook also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world’s legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, the Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.

State Constitutional Law in 1945–46

1946 ◽  
Vol 40 (4) ◽  
pp. 703-728
Author(s):  
Jacobus Tenbroek ◽  
Howard Jay Graham
Keyword(s):  
Constitutional Law ◽  
Nuclear Physics ◽  
Price Control ◽  
Organized Labor ◽  
Appellate Courts ◽  
National Politics ◽  
State Appellate Courts ◽  
Internal Pressures ◽  
State Constitutional Law

The end of the momentous year symbolized by the physical scientists' entrance into national politics and political scientists' introduction to nuclear physics finds state appellate courts focusing on problems of business and reconversion; professionally critical, if not apprehensive, of the course taken by their superior in Washington; dubious of the behavior of organized labor, yet divided upon both the desirability of judicial discipline and the proper means of administering it; maintaining their separate, often irreconcilable, views on regulation of business and agriculture; above all, enjoying, like their superiors and predecessors, the historic, self-imposed duty of fitting constitutional garments to institutional girth.How to constrict the swollen national waistline without risking grave internal pressures taxes ingenuity to the utmost. On the whole, a prudent realism still is evident in dealing with problems of price control. The restlessness and doubts noted last year, however, have persisted and find freer expression. Paradoxically, state enforcement of federal penalties is generally sustained, despite ancient but dissolving dogmas to the contrary; whereas coöperative state or municipal action designed to reinforce and supplement the Emergency Price Control Act has suffered serious reverses.

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