Suchergebnisse

ARTICLE TESTS THE WIDELY ASSUMED PROPOSITION THAT THE GREATER THE ORIGINAL SUPPORT FOR A DECISION AT THE SUPREME COURT LEVEL, THE GREATER THE SUBSEQUENT COMPLIANCE BY THE LOWER COURTS. USING INDICES OF COMPLIANCE, EVASION, AND DISCORD BASED ON SHEPARD'S CITATIONS, THE ANALYSIS FAILED TO SUPPORT ANY OF THE HYPOTHESIZED RELATIONSHIPS.

Husbands who physical abuse their wives are not a rare phenomenon. In fact, this type of domestic violence exists in all societies and social strata. This paper investigates the matter through interviews with Lebanese religious authorities who are familiar with relevant court cases.

The juvenile court has had several distinct phases in its seventy years of existence. The court was founded on a curious Victorian mixture of sentiment("child-saving"), seemingly sound political economy ("if we save the little rascals from their environment, it will be the end of vice, spiritous liquors,crime and degradation") and hard-headed reform.' Although it is not always obvious in the reform literature, which is rather tear-stained, the last named factor is the most important. The radical reformers of the nineteenth century had been working in what might be called the juvenile court movement for many years before the court was itself established. Hard-headed reform resulted in a century of saving children from the thief's gallows, the agonies of chimney-sweeping, or working in coal mines and factories, and the temptations of the gin palaces and other dens of vice.

This article suggests that Washington court rule controversies arise from the lack of a clear, constitutionally established apportionment of rulemaking powers between the legislative and judicial branches, and that there is a lack of procedures providing adequate internal safeguards and accountability. This article first reviews the classical separation of powers doctrine. The discussion then focuses on internal procedural safeguards that also serve within each power center to discourage arbitrary or ill-considered action. This article then reviews the history of court rulemaking in Washington and in other jurisdictions and suggests that from a logical view, the scope of sole judicial power over rulemaking should be limited to control of those rules necessary to the very existence and functioning of the courts. Finally, this article urges that court rules would be better drafted and better reflect competing institutional needs if they were regularly promulgated according to a fixed procedure by an independent Judicial Council rather than by the state supreme court.