The Conflicting Purposes of Australian Anti-Discrimination Law

2019 ◽  
Author(s):  
Alice Taylor
Keyword(s):  
Appellate Court ◽  
Court Decisions ◽  
Disability Discrimination ◽  
Frequent Criticism

The underlying rationale for prohibiting discrimination continues to be subject to significant debate. This debate leads to a lack of clarity with respect to the kinds of harms anti-discrimination law is designed to prevent and the kinds of behaviours it is designed to capture. A frequent criticism of the Australian courts’ approach to discrimination law is that it fails to grapple with the underlying purpose of anti-discrimination law. The consequence of this failure is a jurisprudence that is underdeveloped. This paper makes a different argument. This article argues that the Australian courts can and do give a purposive interpretation to anti-discrimination law but the purpose that the courts draw on lacks an underpinning coherence or consistency. This paper will make this argument by considering three recent Australian appellate court decisions on disability discrimination to consider the different ways in which the court exhibits an understanding of the purpose of anti-discrimination law.

The admissibility of expert testimony on the battered woman syndrome in homicide cases

1994 ◽  
Vol 22 (4) ◽  
pp. 527-560 ◽  
Author(s):  
Anita Neuberger Blowers ◽  
Beth Bjerregaard
Keyword(s):  
Expert Testimony ◽  
Battered Woman ◽  
Central Issue ◽  
Appellate Court ◽  
Court Decisions ◽  
Battered Woman Syndrome

This paper examines the issue of the battered woman syndrome in homicide cases where the woman killed her abuser. In particular, state appellate court decisions where the admissibility of the battered woman syndrome was a central issue are analyzed to determine the extent to which courts have been admitting or excluding expert testimony in these cases. Our findings suggest that although courts today are more willing to accept expert testimony on the battered woman syndrome, there is a lack of uniformity among the courts regarding the criteria utilized to determine admissibility.

Homosexual Parents and Questions of Character: A Response to Cameron and Cameron

1999 ◽  
Vol 84 (3) ◽  
pp. 791-792 ◽  
Author(s):  
David F. Duncan
Keyword(s):  
Appellate Court ◽  
Court Decisions ◽  
Fatal Flaw ◽  
Content Analyses ◽  
Data Source

Cameron and Cameron introduced appellate court decisions as a new data source for content analyses. In using this source they have shown praiseworthy clarity in describing their methods. Their report, however, appears to show an over-weaning bias against homosexuals which is the fatal flaw of this study.

Constitutionalism and Social Spending: Pennsylvania's Old Age Pensions in the 1920s

1990 ◽  
Vol 4 ◽  
pp. 230-247
Author(s):  
Susan Sterett
Keyword(s):  
Law And Society ◽  
Appellate Court ◽  
Social Spending ◽  
Court Decisions ◽  
Appellate Courts ◽  
Recent Scholarship ◽  
Federal Constitution ◽  
Definition Of ◽  
State Rights ◽  
Lay Public

Rather than studying only what appellate courts do, scholars of law and society have been pointing out that the interpretation of law is an enterprise many engage in—e.g., lawyers, administrative officials, and the lay public, as well as courts. Recent scholarship has broadened the analysis of constitutional law in a way that is not Supreme Court centered. Scholars have focused on constitutionalism as the idea that words written down limit and shape political practice. For example, Michael Kammen's work shows the continuing and repetitive celebrations of the Constitution in American life, celebrations that have taken the federal constitution as “a machine that would go of itself” and as a sacred text, often forgetting how much it has been remade through reinterpretation. This focus on constitutionalism rather than on appellate court decisions leads to a broader understanding of constitutions in a polity, so that scholars analyze rights claims in addition to examining the rights that courts have said people have. This effort emphasizes the meaningful elements of law, since the definition of constitutionalism focuses on what people think they should do, or on what they have a right to do. It leads to scholarship that points out the penetration of legal language, particularly claims of rights, into American culture. With this approach, one reason to analyze elite statements of law is that they state rights in ways that become part of general political consciousness.

scholarly journals Grammatical means of textual cohesion in appellate court decisions

2015 ◽  
Author(s):  
Johanna Entralgo ◽  
Françoise Salager-Meyer ◽  
Marianela Luzardo Briceño
Keyword(s):  
Appellate Court ◽  
Court Decisions ◽  
Textual Cohesion

scholarly journals Novelization of Civil Procedural Legislation of Ukraine in Cassation Review: Panacea or Illusion?

2020 ◽  
pp. 209-225
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Appellate Court ◽  
Court Decisions ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Right ◽  
Positive Step ◽  
Excessive Number

The article analyzes the novelties introduced to the civil procedural legislation in the cassation review. Cassation proceedings in Ukraine’s current civil proceedings engender a post-appellate court decision review, the content and purpose of which are to ensure civil proceeding implementation based on the latter principle application. The author evaluates cassation filters as a positive step in forming the cassation appeal institution. They constitute self-limitation of the Supreme Court’s jurisdiction and are designed to relieve it from reviewing an excessive number of cases. Simultaneously, the current legal regulation of cassation filters (grounds for appealing court decisions) is far from ideal and needs to be improved, given the shortcomings highlighted in the study. The non-parties to the case, possessing the right to cassation appeal, are not always burdened with participation in the case. Using the example of prosecutor participation in the cassation proceedings, the author illustrates how national law confers such rights on persons who did not take part in the case.

scholarly journals Corpus-based dictionaries for sentiment analysis of specialized vocabularies

2019 ◽  
pp. 1-16 ◽  
Author(s):  
Douglas R. Rice ◽  
Christopher Zorn
Keyword(s):  
Sentiment Analysis ◽  
Computational Linguistics ◽  
Large Scale ◽  
Appellate Court ◽  
Court Decisions ◽  
Specialized Language ◽  
Sentiment Dictionary ◽  
The Creation ◽  
Minimally Supervised

AbstractContemporary dictionary-based approaches to sentiment analysis exhibit serious validity problems when applied to specialized vocabularies, but human-coded dictionaries for such applications are often labor-intensive and inefficient to develop. We demonstrate the validity of “minimally-supervised” approaches for the creation of a sentiment dictionary from a corpus of text drawn from a specialized vocabulary. We demonstrate the validity of this approach in estimating sentiment from texts in a large-scale benchmarking dataset recently introduced in computational linguistics, and demonstrate the improvements in accuracy of our approach over well-known standard (nonspecialized) sentiment dictionaries. Finally, we show the usefulness of our approach in an application to the specialized language used in US federal appellate court decisions.

scholarly journals Court Decision Publication and Judicial Reform Based on Electronic Court and Its Implication to Public Trust in Indonesia

2020 ◽  
pp. 365-373
Author(s):  
Amran Suadi
Keyword(s):  
Supreme Court ◽  
Information Disclosure ◽  
Public Information ◽  
Public Trust ◽  
Appellate Court ◽  
Judicial Reform ◽  
Court Decisions ◽  
General Description ◽  
The Public ◽  
The Right

This paper is motivated by the spirit of judicial reform in Indonesia in the reformation era. The right to access information on judicial institutions is an integral part of the constitutional rights that guaranteed by the Indonesian Constitution and must be fulfilled. The question proposed in this paper is how far the court decisions publication and judicial reform based on electronic courts implicated to increase public trust to judicial institutions in Indonesia? On the one hand, public information disclosure is a demand for democracy, transparency, and accountability of judicial institutions to gain the public trust. On the other hand, the level of public trust to the judicial institution is still low. The research objective is to provide a general description the judicial information system services based on electronic court through the Supreme Court Decisions Directory and its implication to increase the public trust to the judicial institutions in Indonesia. The results of this study indicate that the public can now easily access all court information ranging from case administration service procedures to issuing court decisions, which also has implications to increase the public trust to the judicial institutions itself. The evidence can be seen in the decision-making filing program in the last ten years, in which the Indonesian Supreme Court has also succeeded in publishing 4,661,021 court decisions, consisting of 4,403,428 at first-level court decisions, 123,995 at appellate court decisions, 100,863 at verdict decisions, and 32,735 at reconsi¬deration decisions.

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