Suchergebnisse

Observations of the developments of the judicial system in post-Mao China. Domination of the country's political system by the Communist Party (CP) and its efforts to build the legal system. The trial against ten former prominent politicians (including the "Gang of four") meant to give self-consciousness to judicial institutions. Problems in the trilateral relationship between modernization, democracy and legal system. (DÜI-Sen)

With the "immense expansion of judicial power" in the US, certain court restrictions on the power of law enforcement agencies concerning evidence & procedure, such as the exclusionary rule, serve to protect criminals instead of protecting the rights of noncriminals. In this "legalitarian society," the judiciary has failed to secure the rights of life, liberty, & the pursuit of hapiness. The best one can hope for is a limitation on current judicial excesses. At present, less than 2% of all reported felonies lead to prison. A trend against the exclusionary rule is noted; the ineffectiveness of the exclusionary rule as a deterrent against violations of the Fourth Amendment has been shown by numerous empirical studies. Justice is not the only notion slighted in favor of equality -- deterrence as opposed to parole & rehabilitation -- is becoming a more popular philosophy again, because parole & rehabilitation are found to lead to inequality. In fact, parole is bad not because it leads to inequality, but because it leads to injustice. However, at least an obstacle to justice is being diminished. Modified HA.

During the 1970s more than 133 civil rights decisions regarding academic personnel practices were issued by the federal judiciary. Various statutes were utilized to test the validity of personnel record confidentiality, academic credentials in job selection, pension plans, salary systems, & contract renewal, promotion, & tenure decisions. Generally, academic institutions lost when they challenged the jurisdictional & procedural authority of the government, but won a substantial majority of cases where individual faculty attacked a personnel decision. Overall, the most significant trend was the growing willingness of federal courts to require that academic personnel policies conform to broad principles of civil rights law. In the 1980s these principles may substantially alter traditional personnel policies in higher education. HA.

Data from numerous studies & polls are examined to ascertain whether the appointment of more women judges would effect a more accurate judicial reflection of attitudes of the US F population. Attitudes of women lawyers concerning abortion, capital punishment, the Equal Rights Amendment, & affirmative action are found to differ markedly from those of most women. In each case, F lawyers (& potential future judges), as a group, are found to be "out of step" with the thinking of the general US F population, while M lawyers more accurately reflect F attitudes, according to % in favor of/against abortion, the ERA, etc. The high incidence of single women attorneys is considered significant in explaining these findings. Feminists are encouraged to reconsider relying on the argument that more women judges are needed to reflect & represent women; the inadvisability of appearing to pursue a hidden social agenda through judiciary appointments is posited. J. Weber.