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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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The case against the (strong) rights-based judicial review of citizen-initiated referenda

Direct democratic institutions – such as citizen-initiated statutes and citizen-initiated constitutional amendments – are a fact of political life in Switzerland and several US states. However, the question then arises whether the outputs of such institutions (warts and all) should at any point be subject to strong rights-based judicial review. This thesis argues that they should not. Instead, judicial review of direct democracy should be replaced by a Constitutional Council of Revision, ...

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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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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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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

Dissertation and Thesis List

Dissertations.

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.

Thompson, Edward L., OK (1990) "Protecting Abused Children: A Judge's Perspective on Public Law Deprived Child Proceedings and the Impact of the Indian Child Welfare Act”, American Indian Law Review15, No. 1, pgs.1-114, 1990.

*Thompson, Edward L., OK (1991) "Children in Need in Mental Health Treatment: A Judge's View of Revised Public Law and New Private Law Proceedings”, University of Tulsa Law Journal26, No. 3, pgs.347-40, Spring 1991.

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).

Toone, Ryan, NV (2019). “Criminal Justice Fines: The Role of the Local Court and a Review of Reform Alternatives.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tucker, Tim Dallas, SD (1996) "State v. Black: Confusion in South Dakota's Determination of Lesser Included Offenses in Homicide Cases”, South Dakota Law Review41, Vol. 3, pgs.465-501, 1996.

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

Van Tiem, Thomas, MI (1994) "The Efficacy of the Properly Instructed Juror”, Court Review 32, No. 2, summer 1995.

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

*Walsh, Richard, IL (2008) “Raising the Age for Juvenile Jurisdiction in Illinois Medical Science, Adolescent Competency and Cost”, (forthcoming in the Loyola University Chicago Law Journal).

Waltzer, Miriam, LA (1990) "Aids in the Workplace: Mandatory Testing and Section 504 of the Rehabilitation Act”, Loyola Law Review36, No. 1, pgs. 55-88, 1990.

Welch, Jewel, LA (2009) “Damned by the Dying: A Look Into the Use of Suicide Notes as Dying Declarations” (non-published thesis, available through the University of Nevada, Reno Library).

*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.

Wood, Naman, GA (2010) “Can Judges Increase Mediation Settlement Rates? Of “Coase” They Can”, Ohio State Journal on Dispute Resolution 26, pg.683, 2011.

Yeager, S. Michael, PA (2009) “Are Alleged Fallacies in Current Infrared Alcohol Breath-Testing Instruments Cause for State Legislatures to Amend Their Respective Driving Under the Influence Statutes?” (non-published thesis, available through the University of Nevada, Reno Library).

*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).

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As a graduate student, you may need to complete a thesis or dissertation as part of your program's graduation requirements. While theses are common among master’s students and dissertations among doctoral students, this may not apply universally across all programs. We encourage you to reach out to your program adviser to determine the specific requirements for your culminating project.

Office of Theses and Dissertations

The Office of Theses and Dissertations is the unit of the Graduate School responsible for certifying that theses and dissertations have been prepared in accordance with formatting requirements established by the Graduate School, the University Libraries, and the graduate faculty of Penn State. We are here to help you navigate the review and approval process to ensure you are able to graduate on time.

The Thesis and Dissertation Handbook explains Penn State formatting requirements for all master’s theses and doctoral dissertations. It covers the submission process and approval deadlines, the responsibilities of each student, and provides page examples. We highly recommend all students doing theses or dissertations to carefully review the handbook.

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Questions about theses, dissertations, or Graduate School commencement should be directed to the Graduate School Office of Theses and Dissertations (OTD) .

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Among these resources, you can get help from the Graduate Writing Center and the Statistical Counseling Center, notify the University of your intent to graduate, and prepare for Commencement.

Electronic Theses and Dissertations for Graduate School (eTD)

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Pay thesis fee ($10) or dissertation fee ($50).

Thesis and Dissertation Handbook

Requirements and guidelines for the preparation of Master's Theses and Doctoral Dissertations.

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No Faculty Department Name of the Supervisor Name of the Ph.D Scholar with Unique ID/ Photo ID Mode of Ph.D (Full Time /Part Time) Registration Number Date of Registration Research topic Likely date of completion of Ph.D Availing Fellowship Yes/No Funding Agency of Felloship 1 Law Law Dr T R Subramanya Manju Naik Part Time 001/2007 28-5-2007 Need for the Protection and Promotion of International Labour Standards in the WTO Era: A Legal Study Ph.D awarded (07/01/2017) No N.A. 2 Law Law Dr V Sudhesh Sujatha S Part Time 004/2007 28-5-2007 New Dimensions of Judicial review of Constitutional Amendments.  A Study with special reference to Articles  31- A, 31- B and 31- C  R/W IX Schedule of the Constitution of India. Ph.D awarded (19/07/2016) No N.A. 3 Law Law Dr T R Subramanya Anitha F N D' Souza Part Time 005/2007 28-5-2007 The Right to Food and its Hurdles in its Enforcement under the WTO: A  Study in Relation to Implications on India. Ph.D awarded (07/01/2017) No N.A. 4 Law Law Dr. K Balakrishnan Latchoumy K Part Time 006/2007 28-5-2007 Law relating to Child Labour with special reference to Automobile Industry in Puducherry. 27-5-2017 No N.A. 5 Law Law Dr. M C Valson Saritha Mangayil Part Time 008/2009 7-8-2009 Protection of Human Rights of Emigrants. 8-6-2022 No N.A. 6 Law Law Dr. M C Valson Sudheesh Kumar S. Part Time 009/2009 5-8-2009 Constitutional Amendments in India – Present Constitutional Scenario – Strategies for Change 3-8-2019 No N.A. 7 Law Law Dr. M. C. Valson Geenakumary T Part Time 011/2009 5-8-2009 Gender Justice through Distinct and Alternate Legal Frame work: A Critical Study on the working of the Family Courts in the State of Kerala. Ph.D awarded (23/11/2015) No N.A. 8 Law Law Dr. M C Valson John Varghese Part Time 013/2009 7-8-2009 Legal Framework for Regulation of Financial Instruments: With Special Emphasis to Financial Derivatives. Ph.D awarded (06/01/2017) No N.A. 9 Law Law Dr. Sonia K Das Bhavana A K Part Time 025/2010 15-12-2010 Social Security of Interstate Migrant Building and other Construction workers in Kerala  3-8-2019 No N.A. 10 Law Law Dr. Sonia K Das Mohit C S Part Time 027/2010 19-11-2010 Legal Protection of the Rights and Dignity of Elders in India – A Critical and Comparative Study 18-11-2017 No N.A. 11 Law Law Dr. Kylasnatha Pillai Preetha U Part Time 030/2010 20-12-2010 Invasion of Privacy Right by Visual Media – Need for Regulation.  3-Aug No N.A. 12 Law Law Dr. K M Usha Naseema P K  Part Time 041/2011 28-10-2011 Divorce and Gender Justice under Muslim Law in India  27-10-2018 No N.A. 13 Law Law Dr Sheeba S Dhar  Rejani Bhaskar S Part Time 043/2011 18-8-2011 New Assisted Reproductive Technologies, Reproductive Rights and Freedom of Choice of Women – A Socio-legal Enquiry. 17-8-2018 No N.A. 14 Law Law Dr. Anil R Nair Sandeep M N  Part Time 044/2011 24-10-2011 Corporate Social Responsibility in India. 23-10-2018 No N.A. 15 Law Law Dr. Sonia K Das Shinsy P S Part Time 046/2011 22-8-2011 Assisted Reproductive Technology and the Law: A Study with Special Reference to Legal Regulation of Surrogacy. Ph.D awarded (24/01/2017) Yes UGC 16 Law Law Dr Sonia K Das Sunitha P N Part Time 047/2011 2-11-2011 Need for fixing Civil Liability for Nuclear Damage under International Law.( 1-11-2018 No N.A. 17 Law Law Dr. Anil R Nair Veena Roshan Jose Part Time 048/2011 2-11-2011 Commercialisation of Human Body and Bodily Materials. 1-11-2018 No N.A. 18 Law Law Dr. M C Valson Kavitha Ramachandran Part Time 023/2012 19-3-2012 Emerging Economic Frauds in Banking Sector. 18-3-2019 No N.A. 19 Law Law Dr. Kylasnatha Pillay Kadeejabi A. A. Part Time 050/2012 7-11-2012 Scope of Scientific Investigation in Administration of Criminal Justice System. 6-11-2019 No N.A. 20 Law Law Dr Bindumol V C Cicy Joseph  Part Time 055/2012 19-11-2012 Indian Mining Regulatory Regime – A Critical Study 18-11-2019 No N.A. 21 Law Law Dr. Bindumol V C Hind T Rasheed Part Time 057/2012 12-11-2012 Child Sexual Abuse in India – Legal Implications 11-11-2019 Yes UGC 22 Law Law Dr. Dr Pauly Mathew Rajesh M G  Part Time 066/2012 17-11-2012 Legal Control over Pesticide use in Agricultural and Non-Agricultural Sector with Special Reference to the State of Kerala. 16-11-2019 No N.A. 23 Law Law Dr. Anil R Nair Vipin Das R. V.  Part Time 071/2012 15-11-2012 Need for Government Control over Religious and Charitable Endowments in India. 14-11-2019 No N.A. 24 Law Law Dr. M C Valson Jayashankar P G  Part Time 107/2015 18-4-2015 State Intervention in Arbitration – Permissibility and Extent. 17-4-2022 No N.A. 25 Law Law Dr. Balakrishnan K Ajoy P B Part Time 108/2015 18-4-2015 Control of Deviant Behaviour in Cyber Space using Criminal Law : A Critical and comparative study with special reference to India. 17-4-2022 No N.A. 26 Law Law Dr. K Balakrishnan  Hari.s . Nayar Part Time 109/2015 8-5-2015 The International Criminal Court as a “Court”- An Evaluation. 7-5-2022 No N.A. 27 Law Law Dr. Anil R Nair Sridip S. Nambiar Part Time 110/2015 23-4-2015 Right to Self Determination and the Indian Constitution – An Analytical Study. 22-4-2022 No N.A. 28 Law Law Dr. Sheeba S Dhar Priya R Part Time 111/2015 16-4-2015 Regulation of Private Paramedical and Nursing Profession with special reference to Kerala. 15-4-2022 No N.A. 29 Law Law Dr. M C Valson Kavitha Balakrishnan Part Time 113/2015 18-4-2015 Legal Framework of Redressal Mechanism to protect Rights of Women Victims in India – A Critical Study 17-4-2022 No N.A. 30 Law Law Dr. M C Valson  Kasthuri J Part Time 114/2015 13-4-2015 Legal aspects of Wildlife Conservation in India – A Critic - With specific reference to Tiger Conservation in Kerala  12-4-2022 No N.A. 31 Law Law Dr. M C Valson Aravind M Part Time 115/2015 16-4-2015 Evolving Norms in Global Internet Governance- A Critical Study  15-4-2022 No N.A. 32 Law Law Dr. V R Jayadevan Gisa Sara Joy  Part Time 116/2015 17-4-2015 Maritime Piracy – A Critical Analysis of Current International and Domestic Legal Regimes and its shortcomings in prosecuting pirates globally.  16-4-2022 No N.A. 33 Law Law Dr. Sheeba S Dhar Sabari C P Part Time 117/2015 27-4-2015 Legal Protection of Right to Privacy in the CYBER SPACE. 26-4-2022 No N.A. 34 Law Law Dr. Balakrishnan K L S Sathiyamurthy Part Time 118/2015 20-4-2015 Victims of Crime – Restoration and Legal care under Indian Criminal Jurisprudence 19-4-2022 No N.A. 35 Law Law Dr Athira Malavika J Part Time 119/2016 6-9-2016 Democratisation of Lawmaking: A Critical Evaluation of the Existing Strategies with particular reference to Kerala  5-9-2023 No N.A. 36 Law Law Dr Liji Samuel Shibu P Part Time 126/2016 24-9-2016 Legal Education in Kerala: A Study on Law School based Legal Aid clinic 23-9-2023 No N.A. 37 Law Law Dr Athira Uma Devi S Part Time 125/2016 26-9-2016 Protection of Indigenous Health Sector with Special Reference to Traditional Medicinal Knowledge in India : Need for a State Resolution 25-9-2023 No N.A. 38 Law Law Dr Sheeba S Dhar Faritha J Part Time 120/2016 4-10-2016 A Socio-Legal Intervention Study on Sexual Abuse of Children with Mental Retardation in Kerala. 3-10-2023 No N.A. 39 Law Law Dr M C Valson Abhayachandran K Part Time 122/2016 19-10-2016 Right to form Associations or Unions: Constitutional, Legislative and Judicial Perceptive 18-10-2023 No N.A. 40 Law Law Dr Sheeba S Dhar Aiswarya T Part Time 124/2016 26-10-2016 Right to get Water - The Recent Development and Constitutional Framework  25-10-2023 No N.A. Objectives and Vision The NUALS Act Statutory Committe Faculty Members Administration Library Administration Research Centres Publications Research Projects International Cooperation Quick Links ADMISSION 2018 ONLINE APPLICATION Convocation Higher Education Department Prevention of caste based Discrimination Academic Bank of Credits The National University of Advanced Legal Studies (NUALS) NUALS Campus, H.M.T. Colony P.O. Kalamassery, Ernakulam, PIN – 683 503 Phone : 09446899006 Phone : +91 94468 99035 8:00 AM - 9:30 AM, 1:00 PM - 2:00 PM, 5:00 PM - 8:00 PM Fax No: 0484 – 2555992 E-mail: [email protected] Connect With Us Adelaide Research & Scholarship Research Theses Type:  Thesis Title:  Non-Judicial Constitutional Review and the Rule of Law The Case of Ethiopia Author:  Issue Date:  2024 School/Discipline:  Adelaide Law School Abstract:  Most democracies have embraced the principle of constitutional supremacy and use the institution of constitutional review to maintain it. However, enforcing the rule of law as expressed in the constitution against political power has remained controversial. Central to this controversy is the alleged conflict between constitutional review and democracy, or what Bickel calls the counter-majoritarian difficulty with allowing unelected judges to set aside legislation. This has prompted diverging views. Some subscribe to this alleged conflict but justify constitutional review on grounds other than democracy. For others like Waldron, the courts having the power to strike down legislation is not only undemocratic but also intolerable. The solution according to them is political constitutionalism (determining constitutional controversies through majoritarianism) instead of legal constitutionalism (subjecting political power to constitutional limits). In contrast, Dworkin and his followers’ definition of democracy embraces rights, and hence enforcement of such rights through constitutional review constitutes a democratic exercise. The arguments for and against constitutional review are essentially reflections of strong and weak models of constitutional review in a real-world situation. In strong forms of review, the final say on constitutional matters belongs to the courts, and in weak forms to the legislature. There is an exception to this dichotomy, however: the Ethiopian model of non-judicial review where neither the country’s apex court nor the legislature have the ultimate authority on constitutional matters. It is the non-legislative upper house, which is known as the House of Federation, that decides constitutional disputes in Ethiopia. This thesis explores whether such a politically leaning constitutional review is a viable alternative. Drawing on Ethiopia’s experience and the views of leading thinkers on constitutional review, this thesis presents a case against politically oriented constitutional review and, for a stronger reason, political constitutionalism. By explaining why Ethiopia’s House of Federation is an inherently political institution and how this has impacted the rule of law in the country, the thesis highlights limitations with political constitutionalism. It argues that democracy embraces both legal (constitutional) and majoritarian (political) elements. Its constitutional element embodies the implied or express agreement of the people as a political community and should thus be superior to the political element so governance can be characterised as people rule. This distinguishes the constitution which is ideally an expression of the people’s constituent power (to create or fundamentally alter the constitution) from decisions produced by constituted power, including legislative power. For the constitution to remain superior to the majority, and to make governance attributable to everyone (the people), it should be enforced through an open and insulated institution. Constitutional review should thus be accessible and ideologically and structurally fit to uphold the rule of law (constitutionalism). This responsibility includes upholding constitutional rights and principles of political organisation, like federalism, that a constitutional system embraces. This thesis examines Ethiopia’s non-judicial review through the lens of these constitutional values. Due to its political nature, Ethiopia’s form of review has profound limitations in this regard. This thesis concludes that Ethiopia’s politically oriented constitutional review and political constitutionalism constitute assailable constitutionalism, as majority votes on constitutional controversies are more reflections of political views than outcomes of a sober analysis of the constitution. Ethiopia’s House of Federation’s experience, as will be elaborated in Chapter 5, attests to this. It highlights how political constitutionalism could contradict the very purpose of constitutional review, which is controlling political power through the constitution. Based on identified theoretical and practical limitations with political institutions as constitutional review mechanisms, this thesis calls for their reform. Advisor:  Olijnyk, Anna Grenfell, Laura Dissertation Note:  Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2024 Keywords:  Non-judicial review constitutional review the rule of law Ethiopia constitutionalism federalism access to constitutional justice assailable constitutionalism Provenance:  This electronic version is made publicly available by the University of Adelaide in accordance with its open access policy for student theses. Copyright in this thesis remains with the author. This thesis may incorporate third party material which has been used by the author pursuant to Fair Dealing exceptions. If you are the owner of any included third party copyright material you wish to be removed from this electronic version, please complete the take down form located at: http://www.adelaide.edu.au/legals Appears in Collections: File Description Size Format   1.42 MB Adobe PDF Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated. 254 COMMENTS PDF Szczaranski, Federico (2020) Adjudication in judicial review: an Abstract: 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 Shodhganga@INFLIBNET: Judicial review under indian constitution its The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. University of North Bengal. Department of Law. PDF Judicial Review Under Indian Constitution: Its Reach and Contents a JUDICIAL REVIEW UNDER INDIAN CONSTITUTION: ITS REACH AND CONTENTS A Thesis Submitted to the University of North Bengal For the Award of Doctor of Philosophy In Department of Law SUBMITTED BY SANGEETA MANDAL SUPERVISOR PROF. (DR.) RATHIN BANDYOPADHYAY DEPARTMENT OF LAW Adjudication in judicial review: an inferential approach 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 ... 7 Scope of Judicial Review of Administrative Action 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 ... PDF Title: Judicial Review in England and Wales: a Constructive In this thesis I construct an interpretation of judicial review in England and Wales from the ground up based on an analysis of social practice in the Administrative Court. I argue that whilst judicial review provides a forum for debates about constitutional values and rights, and the inter-institutional PDF JUDICIAL REVIEW OF ACADEMIC DECISIONS CERTIFICATE This is to certify that this thesis entitled Judicial Review of Academic Decisions submitted by Shri. S. Gopakumaran Nair for the Degree of Doctor of Philosophy is the record of bona flde research PDF Deference, Authority, and Administrative Review This thesis develops a novel approach to administrative review centered on a conception of judicial due-deference that is correlated with a Razian account of legitimate authority. Judicial review: A mechanism for attaining Constitutionalism, with The major findings of the research are as follows: firstly, judicial review is a mechanism through which constitutionalism can be attained because it ensures that actions or decisions undertaken by government conform to the Constitution, and other laws of the land. Secondly, the attitude the courts have towards judicial review affects the ... The case against the (strong) rights-based judicial review of citizen Direct democratic institutions - such as citizen-initiated statutes and citizen-initiated constitutional amendments - are a fact of political life in Switzerland and several US states. However, the question then arises whether the outputs of such institutions (warts and all) should at any point be subject to strong rights-based judicial review. This thesis argues that they should not ... PhD Topics at iCourts 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 ... Judicial Review in Administrative Law: A Comparative Study of Rights 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. An evaluation of the effectiveness of judicial review and its impact on The dissertation examined the basis of the source of the Court's power to review administrative action. The research also examined the law that regulates Judicial Review in Zambia. The research, through case analysis found that the Zambian Judicial Review system is moderately functioning and there is need for improvement. Shodhganga : a reservoir of Indian theses @ INFLIBNET The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Adelaide Research & Scholarship: Non-Judicial Constitutional Review and Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2024 Legal Dissertation: Research and Writing Guide This guide contains resources to help students researching and writing a legal dissertation or other upper-level legal writing project. Thesis List Review the dissertation and thesis list to see what other graduates have chosen for their topics and written about in the judicial studies program. PDF Non-Judicial Constitutional Review and the Rule of Law Drawing on Ethiopia's experience and the views of leading thinkers on constitutional review, this thesis presents a case against politically oriented constitutional review and, for a stronger ... judicial review through the lens of these constitutional values. Due to its political nature, ... my PhD journey. Theses and Dissertations As a graduate student, you may need to complete a thesis or dissertation as part of your program's graduation requirements. While theses are common among master's students and dissertations among doctoral students, this may not apply universally across all programs. RESEARCH SCHOLARS AND THEIR RESEARCH TOPICS The National University of Advanced Legal Studies (NUALS) NUALS Campus, H.M.T. Colony P.O. Judicial review in the UK and US This paper is a compare and contrast of the Uk and US Legal system and the use of judicial review. Emphasizing Judicial review as a compare and contrast. This paper should use significant cases that either affirmed that country's use of judicial review or their use that helped mold and change the use of judicial review in their respective systems. Also, please use only lawful, scholarly, law ... Adelaide Research & Scholarship: Non-Judicial Constitutional Review and This thesis explores whether such a politically leaning constitutional review is a viable alternative. Drawing on Ethiopia's experience and the views of leading thinkers on constitutional review, this thesis presents a case against politically oriented constitutional review and, for a stronger reason, political constitutionalism. Judicial Review Judicial Review This is a two part assignment. 1.First explain, why judges, who are not popularly elected, have such wide authority to strike down popular laws; 2.why do judges have such enormous power with so little public accountability? 3.Should justices act according to the dictums of judicial activism or judicial restraint? Refer to Meese and […] Judicial Review Define judicial review, explain the circumstances under which it was established, and assess the significance of the authority it gave the courts. Prepare in Word document, upload your paper in this folder here, and submit APA-style formatting required Min: 1 Page Max: 2 Pages (Not including Title Page & References Page; in order to […] assignment essay homework paper phd report resume review speech thesis