Results for 'court trial'

987 found
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  1.  23
    Trials as Messages of Justice: What Should Be Expected of International Criminal Courts?Tim Meijers & Marlies Glasius - 2016 - Ethics and International Affairs 30 (4):429-447.
    This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the (...)
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  2.  30
    Trial courts and adjudication.Sharyn Roach Anleu & Kathy Mack - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford handbook of empirical legal research. New York: Oxford University Press.
    Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research approaches the (...)
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  3.  54
    Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy.Aaron Fichtelberg - 2009 - Criminal Justice Ethics 28 (1):5-24.
    The novelties of the contemporary international order require a rethinking of the normative foundations of criminal justice. Although one can understand the relevance of basic principles such as th...
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  4.  7
    Public Proof in Courts and Jury Trials: Relevant for pTA Citizens' Juries?Serge Gutwirth & Mireille Hildebrandt - 2008 - Science, Technology, and Human Values 33 (5):582-604.
    This article explores the “fair trial” as a good practice for the construction of public proof. If proof signifies closure on matter at hand, and publicness is taken to signify both “access to” and “participation in” the construction of proof by the publics concerned, the authors contend that the “fair trial” is a good example of building public proof and that its backbone constraints can be of great interest to the defenders and advocates of participative Technology Assessment, especially (...)
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  5. Trial courts and adjudication.Sharyn Roach Anleu & Kathy Mack - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford handbook of empirical legal research. New York: Oxford University Press.
     
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  6.  17
    The michigan supreme court diminishes the right to trial by jury in civil cases.Robert A. Sedler - manuscript
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it would be possible to (...)
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  7.  13
    How Do Non-professional Participants of a Trial Cope with the Communication Process at the Trial? The Results of Empirical Research Conducted in Polish Courts.Karolina Gmerek - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (2):791-813.
    The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially (...)
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  8.  8
    Courts on Trial[REVIEW]N. S. Timasheff - 1950 - Thought: Fordham University Quarterly 25 (2):346-347.
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  9.  25
    Bring Back Bentham: “Open Courts,” “Terror Trials,” and Public Sphere(s).Judith Resnik - 2011 - Law and Ethics of Human Rights 5 (1):4-69.
    The identification of courts as “open” and “public” institutions is commonplace in national and transnational conventions. But even as those attributes are taken for granted, the privatization of adjudication is underway. This Article explores how—during the last few centuries—public procedures came to be one of the attributes defining certain decision-making institutions as “courts.” The political and theoretical predicates for such practices can be found in the work of Jeremy Bentham, a major proponent of what he termed “publicity,” a practice he (...)
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  10.  50
    Courts on Trial[REVIEW]N. S. Timasheff - 1950 - Thought: Fordham University Quarterly 25 (2):346-347.
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  11.  15
    Summoned to the Roman Courts: Famous Trials from Antiquity.Claudia Moatti - 2015 - The European Legacy 20 (5):566-567.
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  12. Nature on Trial: Acts “Against Nature” in the Law Courts of Early Modern Germany and Switzerland.H. Puff - 2004 - In Lorraine Daston & Fernando Vidal (eds.), The moral authority of nature. Chicago: University of Chicago Press. pp. 232--53.
     
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  13.  24
    The Science Court on Trial in Minnesota.Barry M. Casper & Paul David Wellstone - 1978 - Hastings Center Report 8 (4):5-7.
  14.  14
    The graz sterilization trial: Judgment of the supreme court.Felix Tietze - 1934 - The Eugenics Review 26 (3):213.
  15.  34
    Trial by Design.Talia Fisher - 2023 - American Philosophical Quarterly 60 (2):149-167.
    The future of trial lies in customization. Throughout the Anglo-American world, the public model of criminal and civil procedure is gradually giving way to a private contractual paradigm, one which allows the litigating parties to tailor the evidentiary and procedural landscape of trial to fit their specific needs and preferences. Procedural and evidence rules are shifting from mandatory safeguards of public values to default rules and bargaining chips within the hands of the litigating parties. There is growing recognition (...)
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  16.  7
    How Social Scientists Make Causal Claims in Court: Evidence from the L’Aquila Trial.Federico Brandmayr - 2017 - Science, Technology, and Human Values 42 (3):346-380.
    This paper contributes to two topics that have received insufficient attention in science and technology studies: the social dimensions of causal reasoning and how the knowledge-making site of expert testimony affects the production and reception of social scientific knowledge. It deals with how social scientists make causal claims when testifying as expert witnesses in trials where causal claims are relevant, using as a case study the so-called L’Aquila trial, in which experts were summoned by the parties to testify on (...)
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  17.  17
    Ludwig Schmugge, Marriage on Trial: Late Medieval German Couples at the Papal Court, trans. Atria A. Larson. Washington, DC: Catholic University of America Press, 2012. Pp. xx, 389; black-and-white figures and tables. $69.95. ISBN: 978-081-322-0178. [REVIEW]Kirsi Salonen - 2014 - Speculum 89 (2):540-541.
  18.  9
    The Media Trial of Siddiqui Kappan and the Ethical Implication for Journalism in India.Ashish Sharma - 2023 - Journal of Media Ethics 38 (4):285-287.
    Media trials, also known as trial by media or media-frenzy, refer to the phenomenon of media outlets conducting a trial of an accused individual or organization in the court of public opinion befor...
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  19.  6
    Socrates on trial.Nigel Tubbs - 2021 - New York, NY: Bloomsbury Academic.
    Socrates On Trial tells of Socrates's return to a modern city that is plagued by prejudice, privilege and populism. On resuming his questioning in the agora he is arrested, interrogated by his prosecutors, questioned by his Judge, and confessed to by his inquisitor. On a Festival Day, he explores a new model for the just city --a city based not on mastery but on learning --before offering a new apology to the court that will, once again, decide his (...)
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  20.  6
    Other-Repetition to Convey and Conceal the Stance of Institutional Participants in Chinese Criminal Trials.Yan Chen & Alison May - 2024 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (2):399-428.
    Based on the examination of 49 Chinese criminal trials transcribed from the audio-visual recordings on the ‘China Court Trial Online’ website ( https://tingshen.court.gov.cn/ ), the institutional participants–prosecutors, defence lawyers, and judges–are found to frequently repeat defendants’ responses (‘other-repetition’), after a question–answer adjacency pair. Other-repetition has been described as a resource for showing participation and familiarity (Tannen 2007), initiating repair and registering receipt (Schegloff 1997), and displaying understanding and emotional stance (Svennevig 2004). However, other-repetition in trial discourse (...)
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  21.  44
    '(More) trials and tribulations': the effect of the EU directive on clinical trials in intensive care and emergency medicine, five years after its implementation.K. Robinson & P. J. D. Andrews - 2010 - Journal of Medical Ethics 36 (6):322-325.
    The European Clinical Trials Directive was issued in 2001 and aimed to simplify and harmonise the regulatory framework of clinical trials throughout Europe, thus stimulating European research. However, significant complexity and inconsistency remains due to disparate interpretation by EU member states. Critical care research has been particularly impacted due to variable and often restrictive consenting procedures for incapacitated subjects, with some countries requiring a court-appointed representative, while others recognise consent from family members and occasionally professional representatives. Furthermore, the absence (...)
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  22.  19
    The Principle of a Trial Within a Reasonable Time and JustTech: Benefits and Risks.Daniel Brantes Ferreira, Elizaveta Gromova & Elena V. Titova - 2024 - Human Rights Review 25 (1):47-66.
    The article addresses the pervasive global challenge of delayed justice, emphasizing its role as a catalyst for widespread judicial reforms. The study defines international and national court approaches to reasonable trial durations by employing systematic and comparative legal methods. It delves into essential technology courts and parties use to ensure timely proceedings, categorizing associated risks and problems. The authors advocate for the multi-door courthouse system, illustrating its efficacy in reducing delays. Furthermore, the article classifies technologies facilitating reasonable (...) durations, acknowledging and offering solutions for the challenges they present. This research contributes to the dynamic landscape of judicial reform, offering a holistic perspective on the multifaceted aspects of timely justice. (shrink)
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  23.  54
    Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment.Jakob Holderstein Holtermann - 2009 - Criminal Law and Philosophy 3 (2):187-207.
    Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show (...)
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  24. Criminal Trials in Transitional Periods and the Challenge of Emotions: Stories from Two Countries.Mihaela Mihai - 2010 - Revista Crítica de Ciências Sociais 88:155-184.
    The paper seeks to analyse how two domestic courts decided criminal trials under circumstances of emotional mobilisation and political stress. Decisions from Argentina after 1983 and Romania after Ceausescu’s dictatorship illustrate how citizens’ affects influence courts’ choices within penal cases. Both cases show how the judiciary had to enter a dialogue with resentful and indignant claims for redress. However, while the Argentinean court filtered emotions through the strainer of equal respect and thus pushed the cause of democratic justice ahead, (...)
     
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  25.  42
    The Trials of Socrates and Joseph K.Cynthia B. Cohen - 1980 - Philosophy and Literature 4 (2):212-228.
    In lieu of an abstract, here is a brief excerpt of the content:Cynthia B. Cohen THE TRIALS OF SOCRATES AND JOSEPH K. No two trials could have been more unlike than those of Socrates and Joseph K. As portrayed in Plato's Apology,' Socrates was the conscience of Athens, a thoughtful and courageous man whose life was devoted to the pursuit of wisdom. He challenged others to examine themselves and to transform themselves into lovers of truth and goodness. This gadfly of (...)
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  26.  10
    Staged: Show Trials, Political Theater, and the Aesthetics of Judgment.Minou Arjomand - 2018 - Columbia University Press.
    Theater requires artifice, justice demands truth. Are these demands as irreconcilable as the pejorative term “show trials” suggests? After the Second World War, canonical directors and playwrights sought to claim a new public role for theater by restaging the era’s great trials as shows. The Nuremberg trials, the Eichmann trial, and the Auschwitz trials were all performed multiple times, first in courts and then in theaters. Does justice require both courtrooms and stages? In Staged, Minou Arjomand draws on a (...)
  27.  11
    Fair Trials and Procedural Tradition in Europe.Stewart Field - 2009 - Oxford Journal of Legal Studies 29 (2):365-387.
    This review discusses the thesis advanced by Sarah Summers in her recent book. In particular it examines the three radical claims that structure her argument. First, that the commonly used analytical distinction between adversarial and inquisitorial traditions in criminal procedure should be abandoned. Secondly, that since the Continental reforms of the 19th century, criminal procedure can best be understood in terms of a single European procedural tradition. Thirdly, that the European Court of Human Rights has misconstrued the logic of (...)
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  28.  41
    Modern Chinese Court Buildings, Regime Legitimacy and the Public.Björn Ahl & Hendrik Tieben - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):603-626.
    This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach (...)
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  29.  19
    D. Graham Burnett, Trying Leviathan: The Nineteenth-Century New York Court Case that Put the Whale on Trial and Challenged the Order of Nature. Princeton: Princeton University Press, 2007. Pp. xiv+266. ISBN 978-0-691-12950-1. £17.95. [REVIEW]Kristin Johnson - 2009 - British Journal for the History of Science 42 (1):142.
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  30.  10
    The Hermeneutical Actuality of the Paradox in Kafka’s The Trial.Niklas Goldenthal - 2023 - The European Legacy 28 (7):689-705.
    The story of The Trial is puzzling. Joseph K. is arrested by three officials from a mysterious court. That is, Joseph K. is informed of his arrest, but he remains free to go wherever he wants. The...
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  31.  10
    Supreme Court Limits Permissible Scope of Government’s Ability to Force Medication of Mentally Ill Defendants.Mayelin Prieto-Gonzalez - 2003 - Journal of Law, Medicine and Ethics 31 (4):737-739.
    On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a (...)
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  32.  26
    Problems of Pre-Trial Investigation of Legal Disputes in the Territorial Planning.Birutė Pranevičienė & Kristina Mikalauskaitė-Šostakienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):963-977.
    The process of territorial planning is complicated, because there are different and even opposite interest of persons related with particular territory. Administrative legal regulation of territorial planning in Lithuania underlies emergence of a legal conflict, namely the administrative litigation. Investigation of the administrative dispute applying the pre-litigation procedure allows the parties thereof to save both money and time. This article presents the problematic aspects of the pre-trial investigation of the administrative disputes arising in the area of territorial planning. The (...)
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  33.  14
    Archetypal Trials and the Management of Dissent: Some Insights from Marketing Theory.Pnina Lahav - 2003 - Theoretical Inquiries in Law 4 (2).
    Recent marketing theory uses the Jungian concept of the archetype to design strategies for the improvement of product selling. Mark and Pearson propose that archetypes such as the ruler, the hero, the outlaw, and the sage are useful in promoting a product. This article suggests that the concept of archetypes as well as myths such as the Prometheus myth and the myth of the expulsion from Paradise, when combined with the insights offered by Mark and Pearson, may help in understanding (...)
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  34.  16
    Supreme Court Limits Permissible Scope of Government’s Ability to Force Medication of Mentally Ill Defendants.Mayelin Prieto-Gonzalez - 2003 - Journal of Law, Medicine and Ethics 31 (4):737-739.
    On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a (...)
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  35.  25
    The court of public opinion and the practice of restorative ordeals in pre-modern india.David Brick - 2010 - Journal of Indian Philosophy 38 (1):25-38.
    According to their standardized treatment within the Indian legal tradition, ordeals are supposed to occur, under certain circumstances, when one person formally accused another of some crime in a court of law. While not disputing the general accuracy of this standardized treatment of ordeals, this article argues for the widespread practice in pre-modern India of another—hitherto unrecognized—type of ordeal that fails to fit this basic scenario, for such ordeals would occur when someone was widely believed to have committed some (...)
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  36.  23
    Regulating clinical trials in India: The economics of ethics.Gerard Porter - 2017 - Developing World Bioethics 18 (4):365-374.
    The relationship between the ethical standards for the governance of clinical trials and market forces can be complex and problematic. This article uses India as a case study to explore this nexus. From the mid-2000s, India became a popular destination for foreign-sponsored clinical trials. The Indian government had sought to both attract clinical trials and ensure these would be run in line with internationally accepted ethical norms. Reports of controversial medical research, however, triggered debate about the robustness and suitability of (...)
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  37. Hegel at the Court of the Ashanti.Robert Bernasconi - 1998 - In Stuart Barnett (ed.), Hegel after Derrida. New York: Routledge. pp. 41--63.
    Hegel called world history a court of judgement, a world court, and in his Lectures on the Philosophy of World History he took Africans before that court and found them to be barbaric, cannibalistic, preoccupied with fetishes, without history, and without any consciousness of freedom. -/- In this paper, after rehearsing some of the more familiar objections to Hegel's verdict against Africa, I turn the tables and put Hegel on trial. More specifically, given that much of (...)
     
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  38.  13
    D. Graham Burnett. Trying Leviathan: The Nineteenth‐Century New York Court Case That Put the Whale on Trial and Challenged the Order of Nature. xiv + 304 pp., figs., bibl., index. Princeton, N.J./Oxford: Princeton University Press, 2007. $29.95. [REVIEW]Michael Robinson - 2009 - Isis 100 (1):169-171.
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  39.  18
    Medicaid, Work, and the Courts: Reigning in HHS Overreach.Sidney D. Watson - 2018 - Journal of Law, Medicine and Ethics 46 (4):887-891.
    Work requirements are the centerpiece of HHS's Trump Administration strategy to undo the ACA expansion for low income working age adults. This article examines the June 29, 2018 trial court opinion in Stewart v. Azar which held that HHS's approval of Kentucky's Section 1115 work demonstration was “arbitrary and capricious.” The purpose of Medicaid is to provide health coverage and HHS may not ignore the loss of coverage that will result from a work requirement.
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  40.  63
    Judge Without Jury: Diplock Trials in the Adversary System.John Jackson & Seán Doran - 1995 - Oxford University Press UK.
    Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the (...)
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  41.  15
    The Many Deaths of Jew Sϋss: The Notorious Trial and Execution of an Eighteenth‐Century Court Jew. By Yair Mintzker. Pp. x, 330, Princeton/Oxford, Princeton University Press, 2017, $27.95. [REVIEW]Patrick Madigan - 2019 - Heythrop Journal 60 (2):314-315.
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  42.  49
    Homo Economicus on Trial: Plato, Schopenhauer and the Virtual Jury.Doris Schroeder - 2001 - Philosophy of Management 1 (2):65-74.
    The concept of Homo economicus, one of the major foundations of neoclassical economics and a subset of the ideology of laisser-faire capitalism. was recently charged and tried in the island high court. Using the island’s virtual jury system for the first time, the accused was tried before a jury of three — Plato, Schopenhauer and feminist economists — chosen by him while under a veil of ignorance of the charge. All three returned guilty verdicts. Plato’s was prescriptive: ‘One ought (...)
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  43.  24
    Machiavelli's Political Trials and “The Free Way of Life”.John P. McCormick - 2007 - Political Theory 35 (4):385-411.
    This essay examines the political trials through which, according to Machiavelli's Discourses, republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing (...)
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  44.  52
    Functional Inter-Textuality in the Spoken and Written Genres of Legal Statutes: A Discursive Analysis of Judge's Summing-Up and Lawyers’ Closing Arguments in Adama High Criminal Court.Ejarra Batu Balcha - 2014 - Studies in Logic, Grammar and Rhetoric 38 (1):7-25.
    This study examines the intertextual influence of the courtroom spoken genre with the written genre used by judge’s summing up and lawyers’ closing arguments in Ethiopian Criminal court trial. In doing so, it employs the relational and comparison-expository structuring models. The relational struc- turing is used to give emphasis to the manner in which evidence items bear on particular issues and shows how evidence items are related to each other and to major facts in issues of judge’s summing-up (...)
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  45.  28
    Ecocide, the Anthropocene, and the International Criminal Court.Adam Branch & Liana Minkova - 2023 - Ethics and International Affairs 37 (1):51-79.
    The recent proposal by the Independent Expert Panel of the Stop Ecocide initiative to include the crime of ecocide in the International Criminal Court's Rome Statute has raised expectations for preventing and remedying severe environmental harm through international prosecution. As alluring as this image is, we argue that ecocide prosecutions may be the most difficult, perhaps even impossible, in precisely the cases that the ICC would need to be concerned with; namely, the gravest global incidents of environmental harm, including (...)
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  46.  18
    Models on trial: antitrust experts face Daubert challenges.Edoardo Peruzzi - 2023 - Journal of Economic Methodology 30 (4):337-351.
    Economists are often called upon as expert witnesses by the parties involved in antitrust litigation. One challenge they may face in US federal courts is compliance with the Daubert standard of admissibility of expert testimony. The interplay between model applicability and the Daubert standard is analyzed, suggesting the importance of distinguishing between weak applicability claims, those that state that a model’s critical assumptions are shared by the target, and strong applicability claims, those that connect empirical models and quantitative market features. (...)
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  47.  14
    Buddhist Litigants in Public Court: A Case Study of Legal Practices in Tibetan-ruled Dunhuang.Cuilan Liu - 2021 - Journal of the American Oriental Society 139 (1):91.
    This article examines a legal dispute over the ownership of nine bondservants between a Buddhist monastery and two monks and a nun, focusing on the legal apparatus and practices in Dunhuang when it was under Tibetan control. During the Tang, eminent monks of the Buddhist clergy petitioned for exemptions from public courts in order to restrict trials of ordained Buddhists at alternative venues. Such petitions were declined, granted, or revoked by different Tang emperors. This case study demonstrates that ordained Buddhists (...)
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  48.  15
    The Supreme Court Against the Criminal Jury: Social Science and the Palladium of Liberty.John Albert Murley & Sean D. Sutton - 2014 - Lexington Books.
    The Supreme Court against the Criminal Jury critiques the Supreme Court’s decisions to allow reduced jury sizes and less than unanimous jury verdicts to determine guilt. John A. Murley and Sean D. Sutton challenges the Court’s decisions by examining its incomplete understanding of the purpose of trial by jury and evaluating its use of inaccurate and unreliable studies as support for its decisions.
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  49.  48
    D. Liebs Summoned to the Roman Courts. Famous Trials from Antiquity. Translated by Rebecca L.R. Garber and Carole Gustely Cürten. Pp. viii + 274. Berkeley, Los Angeles and London: University of California Press, 2012. Cased, £41.95, US$60. ISBN: 978-0-520-25962-1. [REVIEW]Ari Z. Bryen - 2013 - The Classical Review 63 (2):534-536.
  50.  10
    Trying Leviathan: The Nineteenth‐Century New York Court Case That Put the Whale on Trial and Challenged the Order of Nature. [REVIEW]Michael Robinson - 2009 - Isis 100:169-171.
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