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Adjudication in judicial review: an inferential approach

Szczaranski, Federico (2020) Adjudication in judicial review: an inferential approach. PhD thesis, University of Glasgow.

The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom’s inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law. In order to do this, and after criticizing the proportionality approach to the subject, it addresses both the nature of the question that is put forward in cases of review of legislation and the essential features of adjudicative decisions, claiming that the conjunction of these two aspects leads to the configuration of a dilemma: the question asked in judicial review of legislation cases does not seem to be judicially answered. Resorting to inferential semantics, the thesis aims to provide a solution to the dilemma and to make explicit the costs of staying within judicial boundaries.

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7 Scope of Judicial Review of Administrative Action

• Published: August 2021
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The law relating to the scope of judicial review of administrative action is somewhat unclear and has a particular tendency to be decided on a case-by-case basis. Indeed, amenability to judicial review will often turn on the application of particular constitutional, statutory or regulatory provisions: in Australia and Canada, for instance, there are multiple judicial review jurisdictions, at federal and state/provincial/territorial level, each with their own idiosyncrasies. This chapter argues, nonetheless, that administrative law values are helpful in understanding the decided cases, with individual self-realisation, good administration, electoral legitimacy and decisional autonomy providing meaningful guidance in navigating the jurisprudence. This chapter also offers some suggestions as to how the law relating to scope of judicial review could be improved, further underscoring how useful it is to understand the law of judicial review of administrative action in terms of administrative law values.

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Judicial Review in Administrative Law: A Comparative Study of Rights Consciousness with Special Reference to Sri Lanka

This thesis examines the interface between administrative law, human rights and jurisprudence. It is the author's contention that judicial review is a very important tool for the vindication of fundamental human rights and that the development of a rights culture is a prerequisite for the promotion of the rule of law and for firmly establishing a liberal democracy. Such a form of review has the advantage of objectivity, candour and legitimacy. The extent to which rights consciousness can be used as a justification for judicial review, in administrative law, is examined in this thesis. For this purpose, developments in a number of jurisdictions, sharing a common heritage, including England, Canada, Australia, New Zealand and India are examined, with special reference being made to Sri Lanka. Various aspects of judicial review, in administrative law, are examined and it is sought to identify certain underpinning human rights norms so as to justify such review. After a brief introduction (chapter 1), followed by an examination of the justification for rights based review (chapter 2), the thesis examines the manner in which the right of access to the courts has been protected by the adoption of flexible rules of standing (chapter 3) and the manner in which the courts have resisted ouster clauses (chapter 8). The thesis examines the manner in which rights consciousness has been advanced by the development of principles of good administration such as natural justice (chapter 4), legitimate expectations (chapter 5), reasonableness (chapter 6) and legality (chapter 7). The final chapter (chapter 9) examines the implications of rights based review. The law is stated at 31 December 1999 although certain subsequent developments have been taken into account.

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The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. In this thesis I identify the main approaches employed in judicial review in England, Canada, Australia and New Zealand over the last 50 years or so: (a) scope of review, based on an array of formalistic categories which determine whether judicial intervention is permissible; (b) grounds of review, based on a simplified and generalised set of grounds of intervention; (c) intensity of review, based on explicit calibration of the depth of scrutiny taking into account a series of constitutional, institutional and functional factors; and (d) contextual review, based on an unstructured (and sometimes instinctive) overall judgement about whether to intervene according to the circumstances of the case. This thesis has three dimensions. In the doctrinal dimension, I isolate the four schemata from the case law throughout the Anglo-Commonwealth. Professor Stanley de Smith’s acclaimed judicial review textbook – particularly its changing language and format – is used to provide structure for the study. In the conceptual dimension, I identify the conceptual foundations of the schemata, exposing their commonality and differences. I use the scholarly debate about the constitutional underpinnings of judicial review to provide insight into the justifications advanced for the different approaches. In the normative dimension, I evaluate the virtues of the different schemata. The qualities of the different approaches are drawn out, using Fuller’s ruleof-law-based criteria to guide the assessment of efficacy. Overall, the grounds and intensity of review schemata generally display the most virtue when measured against these criteria.

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An evaluation of the effectiveness of judicial review and its impact on the system of checks and balances in Zambia

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Anderson, David Allen, VA (2017) “An Empirical Study of the Political Party Balance Requirement of the United States Court of Appeals for the Armed Forces and its Predecessor-Court, the United States Court of Military Appeals, from 1951 to 2016” Published dissertation in Military Law Review, fall 2017.

Blake, Archie, NV (2008) “Realistic Drug Court Implementation for Rural Areas: Evaluating the Effectiveness of a Multi-Jurisdictional Model for Program Delivery” (non-published dissertation, available through the University of Nevada, Reno Library).

Brudzinski, Walter, VA (2013) “Chemical Testing of Commercial Vessel Personnel: An Analysis of Archived Test Data” 3 Maritime Professional 50 (Q3, 2013). Portion of dissertation published in Journal of Maritime Law and America, Vol. 42, #2, April 2011.

Darnell, Steve, TN (2018). "A Comprehensive Assessment of Barriers Encountered by Undocumented Hispanic Immigrants in Utilizing the U.S. Legal System." (Non-published dissertation, available through the University of Nevada, Reno Library).

Domitrovich, Stephanie, PA(2006) “The Factors Effecting the Appointment of Experts by State Trial Judges: An Exploratory Study”, published as “State Trial Judge Use of Court Appointed Experts: Survey Results and Comparisons”, Jurimetrics50, pgs.371-389, spring 2010.

Hardy, David, NV (2015) “The Nevada Territorial Supreme Court: A Transitional Influence from Frontier Lawlessness to Statehood” (non-published dissertation, available through the University of Nevada, Reno Library).

Johnson, Donald, LA (2018).  "Perceptions and Perspectives Regarding Procedural Fairness in Louisiana Trial Courts.” (Non-published dissertation, available through the University of Nevada, Reno Library).

Looney, Jerry W., AR (2012) “The Hegemony of “Lords of the Soil:” Cases, Controversies, and Conflicts in the Arkansas Supreme Court, 1837-1861 Relating to the Arkansas Economy” (non-published dissertation, available through the University of Nevada, Reno Library).

Martin, Matthew, NC (2018). "The Cherokee Supreme Court: 1823-1835." (Non-published dissertation, available through the University of Nevada, Reno Library).

McNeil, Christopher B., OH (2008) “Perceptions of Fairness in Agency Adjudications: Applying Line and Tyler’s Theories of Procedural Justice to State Executive-Branch Adjudications”, published as “Perceptions of Fairness in State Administrative Agency Proceedings: Applying Theories of Procedural Justice to State Agency Hearings, Lambert Academic Press, 2009.

Maltese, Joseph, NY (2014) “Preemption Justice: Restoring the Legal Rights of Persons Injured by Medical Devices and Generic Drugs” (non-published dissertation, available through University of Nevada, Reno Library).

Minahan, W. Thomas, OH (2015) “The New Birth of Freedom: The Effect of the Civil War and the Reconstruction of Ohio Law” (non-published dissertation, available through University of Nevada, Reno Library).

Mitrovich, Paul, OH(2009) “Justice Delayed: Federalization of the United States Government From 1930 to 1954 Was a Highly Significant Cause of the Civil Rights Movement for Blacks in the 1950’s and 1960’s”. Published as “Justice Delayed: The Road to Brown V. Board of Education of Topeka and the Civil Rights Movement, Halo Publishing International, 2012.

Page, Reba Ann, VA (2017) “Wringing Their Bread from the Sweat of Other Men’s Faces” (non-published dissertation, available through the University of Nevada, Reno Library).

Ryan, Daniel P., MI (2009) “Essential Principles of Contract and Sales Law in the Northern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories and Political Entities”, book published through iUniverse, 2005. Portion of dissertation published in book “Essential Evidence Outline: Practitioner and Student Handbook, 4thEd., November 2011.

Shelton, Donald, MI (2010) “Criminal Adjudication: The Challenges of Forensic Science Evidence in the Early 21stCentury.” Published through Rowman and Littlefield, October, 2010.

Taylor, Phillip, GA (2012) “Clarifying Establishment Clause Jurisprudence through Modern Dialectical Plasticity” (non-published dissertation, available through the University of Nevada, Reno Library).

Weller, Charles, NV (2013) “Statutory Response to Court Security Concerns” (non-published dissertation, available through University of Nevada, Reno Library). Portion of dissertation published as “What Judges Should Know About Court-Related Violence, American Bar Association’s Judges Journal, Vol. 53, #3, pgs.28-31, summer2014.

Yeager, S. Michael, PA (2014) “Judicial Independence and the Tragic Consequences that Arose in Nazi Germany from the Lack Thereof” (non-published dissertation, available through the University of Nevada, Reno Library).

Alonso, Alfonso, TX (2009) ““Best Practices”” for Drug Courts” (non-published thesis, available through the University of Nevada, Reno Library).

Andrus, Beth M. WA (2016) “The Vanishing Commercial Trial in King County Superior Court and the Role Private Arbitration May Play” (non-published thesis, available through the University of Nevada, Reno Library).

Anderson, David A., VA (1998) "Summary Contempt Power in the Military: Refine or Repeal”, Military Law Review160, pgs.158-222, June 1999.

Ash, Don R., TN (2000) “Bridge Over Troubled Water: Changing the Custody Law in Tennessee”, The University of Memphis Law Review27, No. 4, pgs.769-841,Summer, 1997.

Berry, Janet J., NV (1997) "Life After Death -Preservation of the Immortal Seed”, Tulane Law Review, 72, No. 1, pgs.231-256, 1997.

Bertness, Janette, RI (2008) “Rhode Island Nurse Practitioners: Are they Legally Practicing Medicine without a License?”,Roger Williams University Law Review, 14, No. 2, pgs.215-297, spring2009.

Blake, Archie E., NV (1996) "Daubert and Reality: A Survey of Nevada Judges” (non-published thesis, available through the University of Nevada, Reno Library).

Boharic, Robert V., IL (1995) "Regulating Eloquence: Time Limitations on Closing Arguments in Civil and Criminal Jury Trials, (non-published thesis, available through the University of Nevada, Reno Library).

Bonner, Kimberly, FL (2017) “A Historic Acquittal Re-Examined: Would the Earps and Doc Holliday Escape Indictment Under the Modern Grand Jury System?” (non-published thesis, available through the University of Nevada, Reno Library).

Boyko, Christopher, OH (2010) “A New Originalism: Adoption of a Grammatical Interpretive Approach to Establishing Clause Jurisprudence after District of Columbia v. Heller”, Cleveland State Law Review, 57, No. 4, pgs.703-781, 2009.

Brady, Kevin, GA (2004) “Improving Due Process and Fairness During the Application of Georgia’s Drug Free Workplace Disqualification in Unemployment Insurance, (non-published thesis, available through the University of Nevada, Reno Library).

Briggs, William L., IN (1990) "Can Private Adoption Procedures be as Structured as Agency Adoption Procedures WithoutDestroying the Unique Service They provide to Waiting Parents?" Family Law Journal, 1990. Briggs, William L., IN (1990) "Structuring Independent Adoptions: A Report of One Court’s Program” 1990. (non-published thesis, available through the University of Nevada, Reno Library).

Bromley, Rebecca, CO (1995) "Jury Leniency in Drinking and Driving Cases -Has it Changed? 1958 versus 1993”, Law and Psychology Review20, pgs.27-55, Spring 1996.

Brudzinski, Walter, NY (2009) “A Case Study of the Coast Guard Administrative Law Judge Program” (non-published thesis, available through the University of Nevada, Reno Library).

Buchele, James P., KS (1988) "Justifying Real Property Tax Exemptions in Kansas”, Washburn Law Journal27, No. 252, pgs.252-297, November 1988.

Carle, Curtis W., MO (1995) "The Politics of Change in Implementing a New Court System” (non-published thesis, available through the University of Nevada, Reno Library).

Carlisle, Suzette, MO (2014) “Did 2005 Statutory Changes Affect Settlements for Self-Represented Injured Workers in Missouri?” (non-published thesis, available through the University of Nevada, Reno Library). Portion of the thesis was published in 61 St. Louis Bar Journal, 2015.

Cicero, June H., WI (1989) "Piercing the Socratic Veil: Adding an Active Learning Alternative in Legal Education”, William Mitchell Law Review15, No. 4, pgs.1011-1024, 1989.

Clark, Joseph T., OH (1993) "The "Community Standard" in the Trial of Obscenity Cases -A Mandate for Empirical Evidence in Search of the Truth”, Ohio Northern University Law Review, 20, No. 1, pp 13-56, 1993.

Clark, Thomas C. II, MO (2019). “The Spirit of' Due Process as Advocated by Charles Lindbergh: Revisiting Pacific Air Transport v. United States, 98 Ct. Cl. 649 (1942).” (Non-published thesis, available through the University of Nevada, Reno Library).

Clark, Thomas C., MO (1997) "Impact of Nineteenth Century Missouri Courts upon Emerging Industry: Chambers of Commerce or Chambers of Justice?”, Missouri Law Review63, No. 1, pgs.52-114, winter 1998.

Clingman, Gary, NM (2014) “Peremptory Excusal of Judges in New Mexico: Substantive Right, Procedural Right, Both, or Does it Matter?” University of New Mexico Law review Volume 46, Issue 2 pp 309-352 summer 2016.

Coffelt, Soraya D., (2001) “The United States Virgin Islands at the Judicial Crossroads –is it Time for a Supreme Court of the United States Virgin Islands?” (non-published thesis, available through the University of Nevada, Reno Library).

Cohen, Gene D., PA (1998) "Comparing the Investigating Grand Jury with the French System of Criminal Investigations: A Judge’s Perspective and Commentary”, Temple International and Comparative Law Journal13, No. 1, pgs.87-105, 1999.

*Cole, Tijani R., CO (2001) “The Courts and the Media -Benchbook”, New England Law Review35, No. 4, pgs. 855-907, Summer 2001.

Colquitt, Joseph A., AZ (1989) "Judicial Use of Social Science Evidence at Trial", ArizonaLaw Review30, No. 4, pgs.51-84, 1999.

Connolly, John S., MN (2001) “A Dose of Social Science: Support for the Use of Summary Jury Trials as a Form of Alternative Dispute Resolution”, William Mitchell Law Review25, No. 4, pgs.1420-1460, 1999.

Crebbin, Anthony M., KS (2000) “”The Vertical Perspective”“: How the Literature of Short Stories Intersects the Plane of Law” (non-published thesis, available through the University of Nevada, Reno Library).

Crehan, Matthew J., OH (1996) "Seating the Blind Juror: Is it a Judicial Dilemma?", Judicature81, No. 3, pgs.104-110, November-December 1997.

Crow, G. Kent, AR (2014) “The Secret Laws of Arkansas: The History and Economics of Split Judicial Districts” (non-published thesis, available through University of Nevada, Reno Library).

Cullen, David P., OK(1992) "Indigent Defense Comparison of Ad Hoc and Contract Defense in Five Semi-Rural Jurisdictions”, Oklahoma City University Law Review17, No. 2, pgs.311-375, Summer 1992.

Darnell, Stephen, TN (2013) “When Tennessee Considers An Administrative Driver’s License Suspension Law, It Must be Mindful of One Caveat: It Won’t Reduce Drunk Driving,” (non-published thesis, available through the University of Nevada, Reno, Library).

Daugherty, Jay A., MO (1995) "The Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment”, Missouri Law Review33, No. 2, pgs.315-343, Spring 1997.

Davis, Warren, GA (2005) “Should Georgia’s Arrest Law Authorize Issuing Field Citation to More Non-Traffic Misdemeanor Offenders?”, Georgia State University Law Review, 22, No. 2, 2005.

Daye, Courtney D., JAM (2007) “An Analysis of the Sex Distribution of Jurors in Sexual Offenses Cases in Jamaica to Determine if this Factor have any Effect on Their Verdict” (non-published thesis, available through the University of Nevada, Reno Library).

Deese, James W., KY (1990) "Courtroom Use of Scientific Evidence and Expert Witnesses, with Recommendations for Improved Procedures for Use of Expert Witnesses and Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).

Deja, Daniel R., MI (1999) “The Required Submission of an ADR Joint Settlement Plan in Civil Cases in the Berrien County Michigan Trial Court: An Evaluation of its Effect on Case Disposition Time”, Ohio State Journal on Dispute Resolution15, Issue 1, pgs.173-206, Fall 1999.

Domitrovich, Stephanie, PA (1993) "Jury Sources Lists and the Community Need to Perceive Racial Balance on the Jury: The Genesis for Triggering BatsonConcerns”, Duquesne Law Review33, No. 1, pgs.39-103, Fall 1994.

*Domitrovich, Stephanie, PA (1998) "Utilizing an Effective Economic Approach to Family Court: A Statutory Proposal for a Unified Family Court in Pennsylvania”, Duquesne Law Review37, No. 1, pgs.1-66, Fall 1998.

Donohue, Michael E., WA (1987) "Another Door Closed: Rape Trauma Syndrome”, Gonzaga Law Review23, No. 1, pgs.1-35, 1987/88.

Doucet, Randy, WA (2004) “Tribal Judicial Systems and Tribal Economic Development: Developments in Three Tribal Judicial Systems” (non-published thesis, available through the University of Nevada, Reno Library).

Dowd, Matthew J., KS (2008) “Have Sentencing Guidelines Eliminated Sentence Disparity in Kansas?” (non-published thesis, available through the University of Nevada, Reno Library).

Drain, Gershwin A., MI (1991) "Mistaken Proportionality: A Look at This Country's Most Severe Narcotics Penalty for First Offenders” (non-published thesis, available through the University of Nevada, Reno Library).

Dreyer, David J., IN (2006) “Culture, Structure, and Pro Bono Practices”, The Journal of the Legal Profession, University of Alabama School of Law, 33, No. 2, pgs.185-222, Spring 2009.

Dywan, Jeffery J., IN (2003) “An Evaluation of the Effect of Court-Ordered Mediation and Proactive Case Management on the Pace of Civil Tort Litigation in Lake County, Indiana”, Journal of Dispute Resolution2003, No. 1, pgs.239-254, May 2003.

Fagg, Russell C., MT (1999) “Montana Offer of Judgment Rule: Let’s Provide Bonafide Settlement Incentives”, Montana Law Review60, No. 1, pgs.40-66, winter1999.

Fennelly, John E., FL (1992) "Inevitable Discovery, the Exclusionary Rule and Military Due Process”, Military Law Review23, pgs.109-146, 1992.

Fink, Howard, IL (1994) "Rights of Passage: An Empirical Study of Judges' and Defendants' Ability to Communicate with Each Other During Guilty Plea Proceedings” (non-published thesis, available through the University of Nevada, Reno Library).

Fleet, Leonard, FL (1994) "Close Circuit Television,the Adult Rape Victim and the Confrontation Clause: I See You, You See Me, They See Us, But You Aren't Here” (non-published thesis, available through the University of Nevada, Reno Library).

Fox, Timothy D., WA (2007) “Right Back “In Facie Curiae”: A Statistical Analysis of Appellate Affirmance Rates in Court-Initiated Attorney Contempt Proceedings”, The University of Memphis Law Review38, No. 1, pgs.1-48, Fall 2007.

Fuhrman, Mark J., NE(1989) "DNA Fingerprinting -Admissible Under Frye" (non-published thesis, available through the University of Nevada, Reno Library).

Garza, Robert, TX (2000) “Juries -Assessing Punishment in Criminal Cases” (non-published thesis, available through the University of Nevada, Reno Library).

Gebelein, Richard, DE (2003) “Delaware Leads the Nation: Rehabilitation in a Law and Order Society, A System Responds to Punitive Rhetoric”, Delaware Law Review7, No. 1, pgs.1-29, 2004.

Goldsmith, Thomas A., CO (1989) "Felony Plea Bargaining in Six Colorado Judicial Districts: A Limited Inquiry Into the Nature of the Process”, Denver University Law Review66, No. 2, pp 243-276, 1989.

Granier, Kirk R., LA (2010) “Scripting the Contempt hearing: Avoiding Appellate Reversal and Judicial Misconduct” (non-published thesis, available through the University of Nevada, Reno Library).

Grube, Karl B., FL (1992) "Electronic Plea Taking at Florida's Weekend First Appearance Hearings: Weekend Justice or Weakened Justice?”, Stetson Law ReviewVol. XXI, No. 2, pgs.329-376, Spring 1992.

Guest, Denis, IL (2105) “An Examination of Judges in Israel and the United States” (non-published thesis, available through the University of Nevada, Reno Library).

Guidry, Greg, LA (2010) “The LouisianaJudiciary: In the Wake of Destruction”, Louisiana Law Review74, No. #, spring 2010.

Hagerty, Gail, ND (1994) "Instructing the Jury? Watch your Language!”, North Dakota Law Review70, No. 4, pgs.1007-1026, 1994.

Hairston, Andrew, GA (1999) “Evaluation of Georgia’s DUI Laws: Enforcement in Atlanta 1992-1997” (non-published thesis, available through the University of Nevada, Reno Library).

Hallisey, Robert J., MA (1995) "Experts on Eyewitness Testimony in Court -A Short Historical Perspective”, Howard LawJournal39, Issue 1, pgs.237-286, fall1995.

Harcourt, Barbara, IN (1997) "When to Initiate Disciplinary Proceedings: The Role of Judges in Maintaining Candor and Decorum” (non-published thesis, available through the University of Nevada, Reno Library).

*Hardcastle, Gerald, NV (2004) “Adversarialism and the Family Court: A Family Court Judge’s Perspective” (non-published thesis, available through the University of Nevada, Reno Library).

*Hardy, David A., NV (2008) “Who is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring”, NAELA Journal4, No. 1 2008.

Harhut, Chester T., PA (1995) "Ex Parte Communication Initiated by a Presiding Judge”, Temple Law Review68, No. 2, pgs.673-697, 1995.

Harkin, Douglas, MT (1999) “BMW of North America, Inc. v. Gore: A Trial Judge’s Guide to Jury Instructions and Judicial Review of Punitive Damage Awards”, Montana Law Review 60, No. 2, pgs.367-414, summer 1999.

Harris, Rodger C., NC (2006) “Propensity Evidence Fusion Alchemy: Rule of Evidence 414 and the Legal Metamorphosis of Similar Offenses Evidence in Child Molestation Cases in the Military” (a non-published thesis, available through the University of Nevada, Reno Library).

Hayes, Hugh D., FL (1988) "Capital Jury selection in Florida and Texas -A Quantitative Distinction Without a Legally Qualitative Difference”, Nova Law Review12, No. 2, pgs.744-786, Spring 1988.

Hill, Glynnis, PA (2008) “The New Philadelphia Gun Court: Is it Working?” (non-published thesis, available through the University of Nevada, Reno Library).

Hjelt, Stephen E., CA (2000) “Informed Consent and Psychotherapy: Apples and Oranges in the Garden of Doctrine”, Journal of the National Association of Administrative Law Judges, Spring 2002.

Hobgood, Robert, NC (1997) “Tobacco Road a/k/a The Golden Alley, I-95: The Drug Traffickers' Freeway and Its Impact on State Constitutional Law”, Campbell Law Review21, No. 2, pgs.237-275, Spring 1999.

Hoggatt, Wallace, AZ (2005) “Table for Thirteen: What Arizona Can Learn from New Mexico’s Experience with Jurors of Limited English Proficiency” (non-published thesis, available through University of Nevada, Reno Library).

Honts, George E., VA (1988) "Peremptory Challenges: Thunder in the Jury Box” (non-published thesis, available through the University of Nevada, Reno Library).

Hornstine, Louis, NJ (1996) "Patient Confidentiality and the AIDS Epidemic” (non-published thesis, available through the University of Nevada, Reno Library).

Huffman, Mary Katherine, OH (2015) “The Politics of Fear: The Dubious Underlying Sex Offender Registration Statue: Proposals for Restoring Measures of Judicial Discretion to Sex Offender Management” (non-published thesis available through the University of Nevada, Reno Library).

Hunter, Mac NJ(1992) “Homosexuals as a New Class of Domestic Violence Subjects under the New Jersey Prevention of Domestic Violence Act of 1991”, University of Louisville Journal of Family Law31, No. 3, pgs.557-628, Summer 1994.

Jacobs, Michael, CA (2001) “Illuminating a Bureaucratic Shadow World: Precedent Decisions under California’s Revised Administrative Procedure Act”, Journal of the National Association of Administrative Law Judges21, No. 2, pgs.247-288, Fall 2001.

*James, Thomas, PA (2004) “Custody Relocation Law in Pennsylvania: Time to Revisit and Revise “Gruber V. Gruber”” (non-published thesis, available through the University of Nevada, Reno Library).

Johnson, Carolyn, TX (1998) "A Houston Jury Project: Jury "People Preferences" and Verdicts” (non-published thesis, available through the University of Nevada, Reno Library).

Johnson, Donald, LA (2009) “Louisiana’s Court Perceptions and Practices on Closing Open Access to Court Judicatory Records” (non-published thesis, available through the University of Nevada, Reno Library).

Jones, Melissa L., MD (2014) “Injecting Fault into a No-Fault System: The Aggressor Defense in District of Columbia, Work-Related Fight Cases”, Hofstra Labor and Employment Law Journal32, December 2012.

Kelley, James, IA (1993) "Addressing Juror Stress: A Trial Judge's Perspective”, Drake Law Review43, No. 1, pgs.97-125, 1994.

Kent, Cynthia, TX (1999) “DaubertReadiness of Texas Judiciary: A Study of the Qualifications, Experience, and Capacity of the Members of the Texas Judiciary to Determine the Admissibility of Expert Testimony under Daubert, Kelly, Robinson, andHavnerTests”, Texas Wesleyan Law Review6, No. 1, pgs.1-29, Fall 1999.

Kirkwood, Lawrence, FL (1994) "Florida Judicial Sentencing Guidelines: An Experiment Without Direction” (non-published thesis, available through the University of Nevada, Reno Library).

Knudson, Kristin, AK (2012) “Citizen Adjudicators Lay Members of Alaska’s Mixed Tribunals as Lay Judges in Mixed Courts: A Study of Participation, Attitude, and Recruitment” (non-published thesis, available through the University of Nevada, Reno Library).

Kumorowski, Victoria, KS (1994) "Determining the Status of the External Human Embryo: A Golden Opportunity to Protect the Inherent Dignity of Human Life” (non-published thesis, available through the University of Nevada, Reno Library).

LaDart, Ross, LA (2014) “Mechanics of Jury Selection: Some Tools of the Trade” (non-published thesis, available through the University of Nevada, Reno Library).

*Landerkin, Hugh,CAN (1997) "Custody Disputes in the Provincial Court of Alberta: A New Judicial Dispute Resolution Model”, Alberta Law ReviewXXV, No. 3, pgs.627-686, 1997.

Lanford, Norman, TX (1992) "The Influence of Selection Process and Urbanization on the Texas District Court” (non-published thesis, available through the University of Nevada, Reno Library).

Lanzinger, Judith Ann, OH (1992) "Judges Teaching in Law School: Who, What, Where and Why Not”, Journal of Legal Education43, No. 1, pgs. 96-107, March 1993.

Larsen, John H., CA (2018) “How to Use Images to Draw Conclusions in Legal Reasoning”, Journal of Legal Education.(non-published thesis, available through the University of Nevada, Reno Library).

Looney, Jerry, AR (2008) “The Arkansas Approach to Competency to Stand Trial: “Nailing Jelly to a Tree””, 62 Arkansas Law Review683, 2009.

*Looney, Jerry, AR (2014) “Children as Witnesses in the Courtroom: A Guide for Judges” (non-published thesis, available through the University of Nevada, Reno Library).

Lopez,Victor, NM (2018) “Electing State Court Judges: Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy” (non-published thesis, available through the University of Nevada, Reno Library).

Lucci, Eugene, OH (2012) “Who Owns the Beach of Lake Erie in Ohio?” (non-published thesis, available through the University of Nevada, Reno Library).

Lynch, William P., NM (2001) “Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience”, New Mexico Law Review32, No. 3, pgs. 181-215, Spring 2002.

Madden, Patrick, MI (1994) "Civil Dispute Resolution in Rural Courts: A Comparative Study of the Michigan Mediation Rule and the Rural Wisconsin Civil Trial” (non-published thesis, available through the University of Nevada, Reno Library).

Maltese, Joseph J., NY (1998) "Frye or Daubert: A Study of the Differences and Similarities in the Judge's Role in the Review of Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).

Maley, Mary Helen, AZ (2017) “Including the Larger Community in Pretrial Services Community Supervision: The Circles of Peace Experiment” (non-published thesis, available through the University of Nevada, Reno Library).

Marlow, George, NY (1997) "From Black Robes to White Lab Coats: The Ethical Implications of a Judge's Sua Sponteand Ex Parte Acquisition of Social and Other Scientific Evidence During the Decision Making Process”, St. John's Law Review72, No. 2, pgs.291-335, Spring1998.

Martin, J. Matthew, OK (2009) “The nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835”, 32 N.C. Central Law Review27, 2009.

*McGee, Charles M., NV (1989) "The Judge's Role: Some Steps Toward Clarifying and Balancing Punishment and Rehabilitation Objectives”, Juvenile and Family Law Journal, pgs.1-23, 1989.

McGinty, Timothy, OH (2000) “'Straight Release' Justice Delayed is Justice Denied”, Cleveland State Law Review48, No. 2, pgs.235-309, 2000.

McGroarty, John, NV (1994) "Transracial Adoption: Genocide or an Option for a Pluralistic Democracy in the 21st Century?” (non-published thesis, available through the University of Nevada, Reno Library).

McKinnon, Laurie, MT (2016) “An Examination of the Judicial Peremptory Challenge: Variations between States and Considerations of Constitutionality” (non-published thesis, available through the University of Nevada, Reno).

McNeil, Christopher B., OH (2004) “Executive Branch Adjudications in Public Safety Laws: Assessing the Costs and Identifying the Benefits of ALJ Utilization in Public Safety Laws”, Indiana Law Review38, No. 2, pgs.435-477, 2005.

*Messinger, Steven GA (1996) "Moving Toward a Family Court in Georgia without the Need for Constitutional Revision”, Georgia State University Law Review12, No. 3, pgs.667-685, April 1996.

Minahan, W. Thomas, OH (2007) “Sometimes You have to Talk First: Ohio’s HIV Criminalization Statutes”, (Forthcoming in the Ohio Northern University Law Review, Dec/Jan issue).

Mitrovich, Paul, OH (1992) "Analysis of Ohio's Living Will Statute and Beyond”, Ohio Northern Law ReviewXVIII, No. 4, pgs.759-815, 1992.

Morrison, Dan, IA (1992) "Scientific Expert Testimony: A Trial Judges Approach”, Thomas M. Cooley Law Review9, No. 3, pgs.641-663, 1992.

*Mullane, Graham, AUS (1997) "Evidence on Social Science Research: Law, Practice, and Options in the Family Court of Australia”, The Australian Law Journal72, pgs.434-464, June 1998.

Nall, Rayburn, TX (2003) “Development and Analysis of the State of Mind Exception to the Hearsay Rule in Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Niehaus, Richard, OH (1998) "Statutory Interpretation and the Presuppositions of Language and Law” (non-published thesis, available through the University of Nevada, Reno Library).

Nugent, Donald, OH (1994) "Judicial Bias”, Cleveland Marshall Law Review, Cleveland State University, College of Law, 42, No. 1, 1994.

O'Connell, Pete D., MI (1988) "Pretrial Publicity, Change of Venue, Public Opinion Polls -A Theory of Procedural Justice”, University of Detroit Law Review65, No. 2, pgs.169-195, 1988.

Olsen, Rory R., TX (2010) “A Most Particular Statute: The Effects of Section 243 of the Texas Probate Code Upon the Settlement of Will Contests in Harris County, Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Page, Reba, VA (2011) “”The Curious Case of Mr. Bingo””, Gaming Law Review and Economics13, No. 3, June 2009.

Peccarelli, Anthony M., IL (1990) “A Moral Dilemma: The Role of Judicial Intervention in Withholding or Withdrawing Nutrition and Hydration”, JohnMarshall Law Review 23, No. 4, pgs. 537-567, summer 1990.

Penrod, Earl, IN (2000) “The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement”, Indiana Law Review34, No. 3, pgs.1127-1156. 2001.

Rankin, Teresa, NV (2009) “Integrating Risk Management and Business Education into Medical Education” (non-published thesis, available through the University of Nevada, Reno Library).

Ranniger, Leslie, CO (2019). “Blockchains, Smart Contracts, and the Future of the Judiciary.” (Non-published thesis, available through the University of Nevada, Reno Library).

Robinson, Steven, FL (1993) “A Jurisprudential Analysis of Guided Discretion: Disciplining Racism and Subjectivity in Capital Sentencing”, (non-published thesis, available through the University of Nevada, Reno Library).

Rosman, Jay, FL (1994) "The Florida Response to Domestic Violence: An Analysis of Recent Florida Statutes”, NOVA Law School Review117, pgs. 20-43, 1995.

Russell, Stephen, TX (1993) "Ethnic Cleansing and Land Ownership: Why NAGPRA Does Not Protect Native American Graves in Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Ryan, Daniel P., MI (2000) “Expert Opinion Testimony and Scientific Evidence: Does M.C.L. 600.2955 “Assist” the Trial Judge in Michigan Tort Cases?”, University of Detroit Mercy Law Review25, No. 2, pgs. 263-321, winter 1998.

Sage, Larry G., NV (2006) “Applying Felony Drug Court Concepts in the Lower Courts: Should We Modernize Misdemeanor Sentencing?” (non-published thesis, available through the University of Nevada, Reno Library).

Schumacher, John H., (2017) “Ripe for Appeal: Who is Considered an “Employer” When Determining Liability for Multi-Employer Worksite Safety Violations?” (non-published thesis, available through the University of Nevada, Reno Library).

Segrest, Philip Dale, AL (1999) “Punitive Damages in Alabama: Allocating or Caps?” (non-published thesis, available through the University of Nevada, Reno Library).

Shakes, David L, CO (2015) “Legal Anthropology on the Battlefield: Cultural Competence in U.S. Rule of Law Programs in Iraq” (non-published thesis, available through the University of Nevada, Reno Library).

Sheehan, Brendan, GA (2013) “Court Caught in the Web: Fixing a Failed System with Factors Designed for Sentencing Child Pornography Offenders” (non-published thesis, available through the University of Nevada, Reno Library).

Simpson, John, GA (2012) “Will Child Support Court Increase the Frequency and Amount of Child Support Paid by Non-Custodial Parents?” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, David B., AZ (1995) "Reel Justice: The Movies' View of the American Legal System” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, Jack, AK (2011) “The Anchorage, Alaska Veteran’s Court and Recidivism, 6 July 2004-31 December 2010” (non-published thesis, available through the University of Nevada Library).

Smith, John, MN (2012) “Minnesota Trial Court: Past, Present and Future” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, Richard, AZ (2002) “Jury Trials in Misdemeanor Cases of Driving Under the Influence of Alcohol: A Public Policy Consideration” (non-published thesis, available through the University of Nevada, Reno Library).

Spillane, Leslie, OH (1997) "Spousal Support in the 90's: The Other Ohio Lottery”, Ohio Northern UniversityXXIV, No. 2, pgs.281-355, 1998.

Spoo, James, NV (2019). “Imperatives of Arrest or Non-Arrest for Assaultive Language in Domestic Violence Cases: An Empirical Study of Responding Police Officers.” (Non-published thesis, available through the University of Nevada, Reno Library).

Taylor, Philip P., GA (2007) “Is the Process the Punishment in the Kennesaw Municipal Court?” (non-published thesis, available through the University of Nevada, Reno Library).

Thomas, Mary Maxwell, IL (1996) "A World of Differences of the African-American Male: Communication Gap Converts Justice into "Just Us" System”, Harvard Black Letter Law Review 13, pgs.1-63, 1997.

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Thyer, Cindy, AR (2019). “The Landscape of Pre-Trial Reform: Is It Time for Arkansas to Consider Pre-Trial Reform?.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tobi-Aiyemo, Ari, Nigeria (2019). “The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tollefson, Brian, WA (2009) “Protection of Personal Identity Information in Washington’s Civil Court Records: Washington Court Must Better Protect Personal Identification Information in Court Files from Improper Use” (non-published thesis, available through the University of Nevada, Reno Library).

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Turney, Jack, MD (1992) "Economic Implications of Drunk Driving Sentences” (non-published thesis, available through the University of Nevada, Reno Library).

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Walsh, Marcia, MO (2003) “The Economic Costs of Buying Points” (non-published thesis, available through the University of Nevada, Reno Library).

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*Weller, Charles, NV (2009) “Needed: A Guide for Media Coverage of Domestic Violence” (non-published thesis, available through the University of Nevada, Reno Library).

*Williams, R. James, CAN (1996) "Grasping a Thorny Baton...A Trial Judge Looks at Judicial Notice and Courts' Acquisition of Social Science”, Canadian Family Law Quarterly 14, pg.179-232, 1997.

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*Yeager, S. Michael, PA(2018) “Guardianship of the Elderly –Salient Associated Aspects and the Law of Incapacity in Pennsylvania” (non-published thesis, available through the University of Nevada, Reno Library).

Young, Roger, SC (2000) “Using Social Science to Assess the Need for Jury Reform in South Carolina”, South Carolina Law Review52, No. 1, pgs.135-240, Fall 2000.

Younge, John Milton, PA (2011) “Whether the Pennsylvania Constitution Provides for a Gideon v. Wainwright Type of Constitutional Mandate of Appointment of Council to Indigent Civil Litigants” (non-published thesis, available through the University of Nevada, Reno Library).

PhD Topics at iCourts

General description.

iCourts 3.0 seeks to explain and make intelligible the relative and often contested power of international courts, institutions and law. While the current resistance to international courts and law is interesting in this regard, we generally encourage projects that more broadly explore the power of international courts in relation to law, politics and society.  

• The transformation of legal practices by international courts and institutions. For example, how international courts create new cognitive frames, principles and values, and whether or how these innovations change legal practices at the global, regional and national levels;  
• The impact of international courts and institutions on politics, its processes and outcomes: For example, how different actors make use of ICs – directly and indirectly – and whether and how such actions generate new interests and preferences at the global, regional and national levels;  
• Changes in society triggered by international courts, institutions and law. For example, how ICs influence state, group and citizen relationships, and whether and how they help to generate new rights, duties and processes at the global, regional and national levels.  
• For the IMAGINE project, we particularly look for projects interested in interdisciplinary study of how key ideas have influenced EU constitutionalism.    

Individual areas of supervision

Mikael rask madsen, comparative studies of international courts.

I generally welcome projects which explore the historical and contemporary evolution of international courts, using comparative methods. I am particularly interested in studies that can identify and assess the power of international courts in domestic law, politics and society. Projects can explore specific courts more generally or zoom in on certain substantive or procedural mechanisms of international courts.

The Frontier of Human Rights I: Adjudicating Psychological Forms of Torture

Torture techniques are undergoing chance. They are increasingly clean and cause pain without leaving marks. This has however had the effect that it is also increasingly difficult for lawyers to convey and prove torture claims in court. The international law definition of torture however makes it very clear that both physical and mental pain are included. Nevertheless, human rights courts, ruling on cases involving severe mental pain or suffering, have tended, with some limited exceptions, not to recognize harms which do not involve clear physical signs of violence as torture. I invite applicants who would like to explore 1) why proving and litigating contemporary forms of no-touch torture is such an up-hill battle, and, 2) to propose ways to remedy the current situation.

The Frontier of Human Rights II: Implementing Human Rights Case Law

One of the biggest challenges for many human rights regimes is ensure that the decisions of international courts and commissions are in fact implemented. I welcome studies that explores either specific substantive areas of human rights law or more generally examines the pathways to implementing international decisions and judgments. The courts and commissions in focus can be regional or international and the study can involve the study of one or more domestic systems.

Contact person: Mikael Rask Madsen, email: [email protected]

Henrik Palmer Olsen

I welcome projects seeking to explore how citizens can be protected against discriminatory outcomes of algorithms used for predictive analytics in public administration and/or the police. The project should focus on discrimination law in a Danish and/or European context, but could include a comparative dimension – for example with US practices in policing and administrative law and could include an inquiry into the use of de-biasing in predictive analytics. The project should investigate how best to halt discriminatory outcomes of decision-making that is based on predictive analytics.

Contact person: Henrik Palmer Olsen, email: [email protected]

EUPoLex Jean Monnet Chair in EU Law & Politics: Shai Dothan

EUPoLex welcomes doctoral projects that explore the intersection between EU law and Politics, the judicialization of EU affairs and the construction of European judicial governance. The Chair would particularly favor projects, which explore the dynamics of judicial cooperation and the empowerment of courts vis-à-vis other powers (e.g. motivations and strategic considerations of judges when applying the law), legal mobilization (how lawyers and agents of the civil society litigate), and the public support for the national and European judiciaries.

PhD candidates should have a strong interest in applying interdisciplinary approaches and empirical qualitative and/or quantitative methods, such as interviews, survey, experiments, network analysis, statistics, process-tracing, cases studies, among others. Specialization in EU law and knowledge in other disciplines (political science, law & economics, history of European integration, etc.) will be viewed as an advantage. If successful, the aspirant will have the chance to develop and strengthen her/his methodological skills and competences by attending the methodological courses organized under the auspices of the Jean Monnet Chair and the PhD School. 

The applicants will be co-supervised by Associate professor Shai Dothan. You might find more information about the Chair and its aims in the following link: https://jura.ku.dk/eupolex/

If you are interested in applying, please, do not hesitate to contact: Shai Dothan, email: [email protected]  

I welcome projects in the field of international economic law (IEL), including trade and investment relations, as well as international arbitration. In particular, I am glad to offer supervision to projects, which critically examine prospects of multilateralization of IEL dispute resolution, including such phenomena as the crisis of the WTO AB, impact of regional trade and investment initiatives, and the work of UNCITRAL Working Group III on the postulated reform of ISDS.

Other areas of potential supervision include the study of dispute resolution mechanism of the Belt and Road Initiative; proliferation of Special Economic Zones and their relation to international trade law and investment treaty law; and international commercial courts.

Contact person: Joanna Lam, email: [email protected]

Astrid Kjeldgaard-Pedersen

I welcome projects in general international law as well as in international humanitarian law, international human rights law, and international criminal law. In particular, as a part of the INTERMIL project, I offer supervision of projects engaging with international law as it applies in military operations and in cyberspace.

Contact person: Astrid Kjeldgaard-Pedersen, email: [email protected]

Shai Dothan

Judicial Strategies, the Normative Justifications for the Intervention of International Courts, and the Impact of International Courts on Society I welcome suggestions for dissertations that will focus on the  behaviour  of international courts and the ways they maintain their political position. Such suggestions can focus on actors that interact with international courts as well, such as national courts, governments, Non-Governmental Organizations, and professional lawyers. These suggestions should focus descriptively on the strategic  behaviour of international courts and at strategic moves such as backlash, political resistance, and collaboration used by other actors vis-à-vis international courts.

I also welcome suggestions to assess normatively the legitimacy and the potential outcomes of intervention by international courts. These suggestions can assess in which issues or under what conditions international courts are justified in intervening in domestic affairs and in which issues this intervention is illegitimate or would lead to bad results. The analysis can assist in determining the borders of the margin of appreciation, subsidiarity, complementarity, or other doctrines of deference. Finally, I welcome suggestions on the impact that international courts have on society. Are international courts likely to help disadvantaged social groups to improve their position? Are there certain guidelines that can lead to the development of good legal doctrine by international courts?

Contact person: Shai Dothan, email: [email protected]

Jan Komarek

In the area of the ERC-funded project IMAGINE we welcome proposals alongside the following themes: 1)  Ideas and ideologies of European constitutionalism , taking a critical approach to the existing theories of European constitutionalism and examining their potential to serve as ideologies. 2)  1989, “The End of History” and the post-communist statehood in Europe ; proposed projects would be theoretically oriented and examine whether, and if so, how, the attempts to transform the state and its institutions reflected neoliberal ideology of the time. 3)  Rethinking Law, Capitalism and Democracy  would focus on the various ties between capitalism, democracy and law – either at international/European level, or in the context of national constitutionalism.

Beyond IMAGINE we are interested in projects that seek to examine  judicial legitimacy from the normative perspective . The project can be theoretically oriented (embedded in constitutional and/or political theory), or seek to understand the issues concerning judicial legitimacy in a particular context: supranational, transnational or international adjudication, as well as more traditional fields (judicial review, constitutional adjudication or judicial law-making in the national context). Proposals that intend to look at the mutual interaction among the different contexts are particularly welcome.

Contact person:  Jan Komárek, email: [email protected]

Mikkel Jarle Christensen

I welcome PhD projects on criminal justice systems, especially those that have developed at the border or outside of the state. Such systems include international criminal justice that has been built around international criminal courts as well as more transnational patterns of cooperation between criminal justice stakeholders such as prosecution services and the police. In particular, I welcome original projects that take an empirical, theoretically informed approach to studying how criminal justice has been developed at the border or outside of the state and how this has affected societal attempts at curbing globalized crime.

Contact person: Mikkel Jarle Christensen, email: [email protected]

Veronika Fikfak

• topics related to regulation of internet giants through human rights and international law
• topics related to human rights compliance with international treaties and judgments
• topics studying behaviour of states in international law (including through the use of behavioural economics and psychology)
• topics studying the work and functions of judges on international and domestic level (including from psychological perspectives)
• topics studying domestic implementation of international law by courts and parliaments

Contact person: Veronika Fikfak, email: [email protected]

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Supreme Court and Judicial Review

In your initial post of at least 200-250 words, respond to one of these questions: What judicial philosophy should guide the Supreme Court’s exercise of judicial review?

Should the Supreme Court’s power of judicial review be strictly limited by a constitutional amendment? In answering either question, clearly state your position (thesis) at the beginning of your post. Define important terms and explain your position fully. Consider pro and con arguments on both sides of your position and respond to the con arguments. Justify your position with facts and persuasive reasoning.