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- All Subjects: Custody decisions
- Creators: School of Social Transformation
Prior research finds that political interests turn to the state courts for two reasons: The structure of law creates a legal incentive and the political interests have access to state level resources, e.g. attorneys skilled in the laws of a state. Yet, there appear to be important gaps in existing theory. A distinction between state and national political interests is seemingly important. State political interests are embedded within their state political communities; consequently these interests should have strong attachments with their respective state courts. Also, state political interests can be expected to select courts on the basis of political ideology and state judicial selection methods. Prior research has shown the connection between these factors and judicial decision-making, but not interest group participation.
To examine these areas of uncertainty, this research collected more than 3500 observations of the participation of political interests in the American courts. Two legal areas were selected: eminent domain and marriage equality. Ultimately, this study finds that state political interests develop strong attachments to their respective state courts and are more likely to enter into the state courts than their nationally-oriented counterparts. This research also finds that judicial ideology and state judicial selection both influence the decision to enter into the state courts. This shows a relationship between these factors and the decision to enter into the state courts. It also suggests that these factors not only affect the choices that judges make, but other actors as well, including political interests.
The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral appeal as well, exploring the implications of such a decision and the criteria that should be used to make the decision in the case before the court, Edwards v. Vannoy (2021). Ultimately, I find that because the criteria currently used to determine retroactivity of new criminal precedents does not provide a clear answer to the question posed in Edwards, the Court should give more weight to the defendant's freedoms pursuant to the presumption of innocence while considering the potential for any disastrous outcomes.
Divorce and custody decisions have profound effects on the children involved for years to come. Depending on the circumstances, level of conflict, and custody decision results, these repercussions can resonate all the way into adulthood (D'Onofrio, 2019). This explorative qualitative study focuses on three young adults at or under the age of twenty-six whose parents divorced when they were minors. Now as young adults, they can look back on the procedures and processes utilized during the time of divorce and after the initial custody arrangements to provide insight as to what did and did not work in their family’s situation. This study focuses on the child’s perspective to see what the most effective practices are when making these decisions, which can further be used to suggest ways to reform the current processes in family court rulings involving custody decisions. The research findings will be discussed in this paper to highlight key experiences that played a pivotal role in the way these individuals interpret their experiences.
Divorce and custody decisions have profound effects on the children involved for years to come. Depending on the circumstances, level of conflict, and custody decision results, these repercussions can resonate all the way into adulthood (D'Onofrio, 2019). This explorative qualitative study focuses on three young adults at or under the age of twenty-six whose parents divorced when they were minors. Now as young adults, they can look back on the procedures and processes utilized during the time of divorce and after the initial custody arrangements to provide insight as to what did and did not work in their family’s situation. This study focuses on the child’s perspective to see what the most effective practices are when making these decisions, which can further be used to suggest ways to reform the current processes in family court rulings involving custody decisions. The research findings will be discussed in this paper to highlight key experiences that played a pivotal role in the way these individuals interpret their experiences.
Divorce and custody decisions have profound effects on the children involved for years to come. Depending on the circumstances, level of conflict, and custody decision results, these repercussions can resonate all the way into adulthood (D'Onofrio, 2019). This explorative qualitative study focuses on three young adults at or under the age of twenty-six whose parents divorced when they were minors. Now as young adults, they can look back on the procedures and processes utilized during the time of divorce and after the initial custody arrangements to provide insight as to what did and did not work in their family’s situation. This study focuses on the child’s perspective to see what the most effective practices are when making these decisions, which can further be used to suggest ways to reform the current processes in family court rulings involving custody decisions. The research findings will be discussed in this paper to highlight key experiences that played a pivotal role in the way these individuals interpret their experiences.
Divorce and custody decisions have profound effects on the children involved for years to come. Depending on the circumstances, level of conflict, and custody decision results, these repercussions can resonate all the way into adulthood (D'Onofrio, 2019). This explorative qualitative study focuses on three young adults at or under the age of twenty-six whose parents divorced when they were minors. Now as young adults, they can look back on the procedures and processes utilized during the time of divorce and after the initial custody arrangements to provide insight as to what did and did not work in their family’s situation. This study focuses on the child’s perspective to see what the most effective practices are when making these decisions, which can further be used to suggest ways to reform the current processes in family court rulings involving custody decisions. The research findings will be discussed in this paper to highlight key experiences that played a pivotal role in the way these individuals interpret their experiences.