A Judicial Problem

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Rebooting Justice

Author : Benjamin H. Barton
Publisher : Encounter Books
ISBN 13 : 1594039348
Total Pages : 198 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Rebooting Justice by : Benjamin H. Barton

Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Judicial Problems

Author : Stuart L. Craig
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Problems by : Stuart L. Craig

Download or read book Judicial Problems written by Stuart L. Craig and published by . This book was released on 1975 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How Judges Think

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Judicial Integrity

Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Code of Judicial Conduct for United States Judges

Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Collapse of Constitutional Remedies

Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Judicial Politics in Mexico

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520605
Total Pages : 191 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Problem-Solving Courts and the Criminal Justice System

Author : David DeMatteo
Publisher : Oxford University Press
ISBN 13 : 0190844841
Total Pages : 328 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Problem-Solving Courts and the Criminal Justice System by : David DeMatteo

Download or read book Problem-Solving Courts and the Criminal Justice System written by David DeMatteo and published by Oxford University Press. This book was released on 2019-08-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problem-solving courts provide judicially supervised treatment for behavioral health needs commonly found among criminal offenders, including substance abuse and mental health disorders, and they treat a variety of offender populations. These courts employ a team-based approach consisting of a judge, defense attorney, prosecutor, and treatment providers, representing a significant paradigm shift in how the justice system treats offenders with special needs. Despite the proliferation of problem-solving courts, there remains some uncertainty about how they function, how effective they are, and the most promising ways to implement problem-solving justice. Problem-Solving Courts and the Criminal Justice System provides a comprehensive foundation of knowledge related to problem-solving courts and the role they play in the United States criminal justice system. The book begins with an overview that explores precipitating factors in these courts' development, relevant political influence, and their history, purposes, benefits, and drawbacks, followed by a detailed discussion of specific types of problem solving courts, including drug courts, mental health courts, and veterans courts, among many others. Next a review of the legal and ethical considerations of alternative methods to standard prosecution is complemented by an examination of the methodological challenges faced by researchers when attempting to study the effectiveness of problem-solving courts. The book concludes with a discussion of future directions in terms of research, practice, and policy relating to these courts in the United States. Problem-Solving Courts and the Criminal Justice System is appropriate for professionals, researchers, and students in the fields of mental health, criminal justice, and law.

Transforming Criminal Justice?

Author : Jane Donoghue
Publisher : Routledge
ISBN 13 : 1136699481
Total Pages : 214 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Transforming Criminal Justice? by : Jane Donoghue

Download or read book Transforming Criminal Justice? written by Jane Donoghue and published by Routledge. This book was released on 2014-04-03 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is punishment not more effective? Why do we have such high re-offending rates? How can we deal with crime and criminals in a more cost-effective way? Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialisation, problem-solving and specialist courts - including domestic violence courts, drugs courts, community courts and mental health courts - have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialisation and problem-solving justice. This book will be essential reading for students and academics in the fields of criminology, criminal justice, criminal law, socio-legal studies and sociology, as well as for criminal justice practitioners and policy-makers.

Unfair

Author : Adam Benforado
Publisher : Crown
ISBN 13 : 0770437761
Total Pages : 402 pages
Book Rating : 4.7/5 (74 download)

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Book Synopsis Unfair by : Adam Benforado

Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Judicial Recusal

Author : R Grant Hammond
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315186
Total Pages : 208 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Judicial Recusal by : R Grant Hammond

Download or read book Judicial Recusal written by R Grant Hammond and published by Bloomsbury Publishing. This book was released on 2009-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.

Good Courts

Author : Greg Berman
Publisher :
ISBN 13 : 9781565849730
Total Pages : 237 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Good Courts by : Greg Berman

Download or read book Good Courts written by Greg Berman and published by . This book was released on 2005 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how innovative judges and attorneys are impacting the modern American court system identifies the alternatives and improvements offered by problem-solving courts, explaining how they are better equipped to focus on underlying problems and offer real-world solutions.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

The Judicial Tug of War

Author : Adam Bonica
Publisher : Cambridge University Press
ISBN 13 : 1108841368
Total Pages : 335 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Judicial Tug of War by : Adam Bonica

Download or read book The Judicial Tug of War written by Adam Bonica and published by Cambridge University Press. This book was released on 2020-12-17 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a novel theory explaining how and why politicians and lawyers politicise courts.

Legal Problem Solving

Author : Patrick Keyzer
Publisher :
ISBN 13 : 9780409312409
Total Pages : 0 pages
Book Rating : 4.3/5 (124 download)

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Book Synopsis Legal Problem Solving by : Patrick Keyzer

Download or read book Legal Problem Solving written by Patrick Keyzer and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides guidance for undergraduate law students in the problem solving method. The method adopted follows the five steps practitioners use when preparing an advice. Problems drawn from a wide variety of subject areas including contract, torts, criminal, constitutional and administrative law are posed and analysed.

Access to Justice

Author : Rebecca L. Sanderfur
Publisher : Emerald Group Publishing
ISBN 13 : 1848552432
Total Pages : 288 pages
Book Rating : 4.8/5 (485 download)

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Book Synopsis Access to Justice by : Rebecca L. Sanderfur

Download or read book Access to Justice written by Rebecca L. Sanderfur and published by Emerald Group Publishing. This book was released on 2009-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.