Abstract
In this article the author examines the issues surrounding the challenge to an adjudicator's decision. He begins with the job of an adjudicator and how this job developed and what boundaries an adjudicator has. The author quotes many case studies as examples of where an adjudicator can be challenged and what legal right he has to uphold his decision. The paper concludes with the anomalies as he sees it, in the law.
Introduction
Exceptions
Challenges on the Jurisdiction of the Adjudicator.
Natural Justice
Human Rights Act
Other Case Laws
Conclusion

From the Paper
"The courts recognize the limitations of the process, but there have been one or two cases recently in which the TCC has taken a dim view of the way in which adjudicators have actually conducted adjudications, particularly where the adjudicator has been in direct discussions with one party without involving the other. Where the judge has found that there has been a breach of the rules of natural justice, the judge has refused to enforce the adjudicator's decision. "

Tags:negotiations, leagal, litigate, conduct, judgement

Abstract
This paper discusses and evaluates the effects of pre-adjudication restraint on deterrence and recidivism.

Tags:bail, detention, incarceration, offender, preventive, probation

Abstract
This analytical paper discusses Ronald Dworkin's concept of Integrity, first introduced in "Law's Empire". This essay discusses its usefulness and necessity within the context of his wider theory of adjudication. A law paper, this essay is divided into various sections to use articles, cases and theory to explain the notion of Dworkin's concept of Integrity.

Outline:
Introduction
Dworkin's theory of Adjudication in brief
"Integrity" and its origins
Adjudicative integrity as applied to Dworkin's theory
Integrity and constructive interpretation
Integrity and the "one right answer" theory
Conclusion

From the Paper
"Dworkin constructs much of his theory as a critique of Hart's Concept of Law - "the most influential model of contemporary positivism, which saw law as consisting of rules with gaps in those rules being filled by judicial discretion."1 He notes that those gaps occur more often than Hart would lead us to believe, and therefore largely concentrates his theory of adjudication, as set out in Law's Empire, on what he calls "the question of repair" - what judges should do in the absence of law.2 It is this aspect of Dworkin's work which will be the focus of the present analysis since it is the most relevant to his concept of "integrity".
"Dworkin completely rejects what he calls the "plain-fact" view of law - that the law is as it has been decided by legal institutions in the past, and "in no way depends on what it should be."3 [emphasis added] Instead he argues a theory of constructive interpretation, whereby a judge who is faced with a gap in the law does not simply use his own discretion, but interprets what the law should be within certain constraints."

Tags:Law, Jurisprudence, Dworkin, Integrity

Abstract
This paper looks at the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system in England and Wales. Judicial precedent is an important element of the Western legal system, but it is not in continental civil law systems. In particular, it discusses how the judiciary has received much criticism in the procedure of precedent.

From the Paper
"The historical power struggle began in the 17th century between the legislature and the Crown (Stuart Monarchy) and ended with Parliament becoming an independent in the power of making law in the name of the Crown. Nowadays, the ultimate power of making new law lies with the primary legislature (Parliament). Parliament has the capability of authorising and altering laws and as Parliament is an elected house, the power is given through democracy, but this is not so in the House of Lords because they are not an elected chamber. The House of Lords has received proposals for reform and those proposals are to modify the traditional form of the Life Peerages Act 1958 and the Peerage Act 1963. "

Tags:House, of, Lords, Parliament, ratio, decidendi

Abstract
The writer argues that one of the major reasons why African-Americans failed to achieve equality in the United States, following the Civil War, is due to the decisions of the Supreme Court of the United States. The writer proposes that this makes it necessary to examine the records of this branch of the American government in order to determine how these decisions impacted African-Americans after the Civil War. The paper analyzes five important Supreme Court cases adjudicated following the war, which made equality in the United States impossible for African-Americans. The paper concludes that these decisions of the Supreme Court undermined the ability of African-Americans to obtain equality under the law and had a very detrimental effect on this brave and often dangerous quest to gain equality in America during the days of the post-Reconstruction Era.

From the Paper
"One of the first major Supreme Court cases considered after the Civil War was the Slaughterhouse cases, brought before the Court by the butchers of New Orleans in response to a law passed in 1869 by the legislature of the State of Louisiana which allowed the incorporation of the Live Stock and Slaughterhouse Company in New Orleans and granted them exclusive rights to slaughter livestock within the city, effectively granting them a monopoly. Thus, the butchers had no choice but to seek redress through the courts via a lawsuit which argued that the new law violated their fourteenth Amendment right to due process."

Tags:U.S., vs., Reese, Enforcement, Act, Judge, Waite, Civil, Rights, Act, 1875, Legislation

Abstract
This ten page paper warns that child abuse is a problem of tragic proportions in the United States, for each year approximately three million innocent children are physically and psychologically abused, according to child protective service agencies in the United States. The paper suggests that child abuse in America is much worse than statistics indicate, for child abuse incidents are concealed much more often than they are detected and adjudicated.

From the Paper
"This shocking evidence compels policymakers at every level of government to confront the reality that child abuse has reached epidemic proportions in America, primarily because of the criminal negligence of local, state, and federal authorities and policy makers, who have consistently failed to acknowledge the scope and severity of child abuse."

Tags:child, abuse, issues

Abstract
The paper discusses the flaws in traditional court systems and juvenile justice courts alike and then shows how alternative adjudication, restoration and rehabilitative processes have proven to have positive outcomes in reducing recidivism. The paper focuses on peer courts, family group counselling (FGC) and the Behavior Management Through Adventure project (BMTA). The paper considers the past and potential recidivism rates for youth processed through the juvenile justice system, and opines that if our goal is to impact crime rates and provide hope for future generations, a punitive approach should never be the first method of control.

From the Paper
"The criminal justice system has grappled with various approaches to dealing with delinquency and fluctuated over time with prevention methods, limiting or altering exposure to formal courts systems, rehabilitative, restorative, or retributive strategies. Preventative measures have typically been community-based, non-justice turf approaches aimed at teaching children the woes of deviance and directing them in more healthy lifestyles. Alternative adjudication processes have diverted youth away from traditional stigmatizing systems that serve to reinforce the deviant label. In attempting to develop a suitable sentencing structure for deviant youth, three basic approaches have evolved: the retributive or punitive perspective that maintains a stance based on just deserts and argues a tough-on-crime agenda as a means of effectively dealing with delinquency. Another is the rehabilitative approach, which focuses on repairing behavioral conditions and creating individuals who contribute positively to society; while restorative justice perspectives seek resolution between offenders and victims."

Tags:alternative, adjudication, restoration, rehabilitation, recidivism, peer, courts

Abstract
This paper focuses on the role of jurisdiction, or the power to adjudicate, in the case of CompuServe v. Patterson. The paper defines various types of jurisdiction, including subject matter jurisdiction and territorial jurisdiction, which is relevant in the discussed case. The paper explains that one of the ramifications of CompuServe v. Patterson was that it established as a matter of precedent jurisdiction involving electronic transactions. The paper describes the case of the Texas firm of Patterson uploading programs onto the computers of Ohio-based CompuServe, giving rise to the question of which state properly held jurisdiction. The paper concludes that the case facts were sufficient to establish purposeful availment in the state of Ohio.

From the Paper
"As a matter of course, a court possesses jurisdiction only to the extent that it is granted in the Constitution. In this case, territorial jurisdiction applies. This is set by the Due Process Clause in the 14th Amendment (Cornell, 2009). The clause states that no state "shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (Ibid.)"

Tags:adjudication, rights, limit

Abstract
The paper discusses how there are no black-and-whites when it comes to human behavior. For example, it is not always to determine at what point yelling at a child becomes emotional abusive or when spanking turns into something physically violent. The paper looks at the difference between spanking and serious physical abuse. The paper contends that more progress needs to be made in terms of adjudication and the legal system. The paper examines the statistical reporting of child abuse and considers whether child abuse is over or under-reported. The paper concludes that as long as many inconsistencies exist with the law, it is necessary for the judicial system to look at sentencing on a case-by-case basis.

Outline:
Introduction
Definition of Child Abuse Prevention and Treatment Act
Spanking Versus Serious Physical Abuse
Study by Baumrind Showing Most Parents Spank Without Ill Impact on Children
Statistical Reporting of Child Abuse Numbers
Disagreement of Over/Under-Reporting of Child Abuse Claims
Investigative/Tool Inconsistencies
Racial/cultural Misrepresentations
American Psychology Association Recommendations
Suggested Actions to Take to Improve Child Abuse Adjudication Problems

From the Paper
"However, even within the law there are blurry areas, such as how does one define the word "serious"? Is it necessary, for example, to reprimand parents who spank their children? Is this a "serious" crime? In her article "Parents May Be the Ones Needing Spanking," Pitts cites a study by Dr. Diana Baumrind, a psychologist at the University of California at Berkeley, who followed 164 middleclass families from the time their children were in preschool until their 20s. Results showed that most of the parents used some form of corporal punishment, but giving a mild spanking--defined as openhanded swats on the backside, arm or legs--did not leave their children scarred for life. Although Baumrind opposes spanking, she was able to make a distinction between minor punishments such as spanking and harsher variations including shaking and blows to the head or face."

Tags:protection, minors, physical, discipline, corporal, punishment

Abstract
This paper presents a review of literature that illuminates the many complexities in the decision to try a juvenile as an adult and the legislative move to make this possible in the courts. The paper states that the question of any criminal adjudication, justice and management system's applicability to children has long been a source of conflict in every civilized society. The paper explains that recently, the issue hit the forefront of American consciousness with the recent spate of court decisions culminating in a Supreme Court directive dealing with the illegality of the death penalty for minors.
Outline
Introduction
The Case before the European Court of Human Rights
American Conflicts of Minors' Adjudication as Adults
Kentucky's Grave Concerns
Conclusion

From the Paper
"Indeed, juvenile delinquency, including violence, is on the rise distinctly, but the cases of children committing homicides remains rare.(Justice, 1996]) Although the acts and distinctions of minors who commit homicides are heterogeneous, all of these minors are very disturbed, and exhibit extremely elevated rates of neuropsychological abnormalities, weak impulse control, educational failure and truancy. (Wolff, 2001)
Studies have demonstrated that all of these minors who commit homicides have experienced strong family adversities: domestic violence, neglect, child abuse, substance misuse, maternal depression and lack of fathers.(Bailey, 1996) Since homicide committed by children is so rare, population approaches to prevention are not at all realistic as a result."

Tags:homicide, children, courts