Civil Justice Privatization And Democracy

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Civil Justice, Privatization, and Democracy

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
ISBN 13 : 144269503X
Total Pages : 400 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Civil Justice, Privatization, and Democracy by : Trevor C.W. Farrow

Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-04-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

The Justice Crisis

Author : Trevor Farrow
Publisher :
ISBN 13 : 9780774863582
Total Pages : 368 pages
Book Rating : 4.8/5 (635 download)

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Book Synopsis The Justice Crisis by : Trevor Farrow

Download or read book The Justice Crisis written by Trevor Farrow and published by . This book was released on 2021-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite wide recognition that access to justice is one of the most basic rights of democratic citizenship, unfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. High legal fees, complex and expensive administration, lack of funding, political inattention, insufficient research and education, and a relatively uninformed public feed into the problem. The Justice Crisis assesses what is and isn't working in efforts to improve access to civil and family justice. Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers - such as public education on the law, alternative dispute settlement, and paralegal support - is therefore an important concern. Contributors to this wide-ranging overview of new empirical research address several key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations, including Indigenous communities; the value of new legal pathways; legal fee structures; the provision of justice services that go beyond the courts and lawyers; and the need for a culture change within the justice system. Their findings can inform initiatives to improve access to justice within the Canadian system and beyond. Scholars and students of law, political science, public policy, and sociology will find this book extremely useful, as will lawyers and judges, government officials, regulators, and community-based organizations and activists.

Outsourcing Sovereignty

Author : Paul R. Verkuil
Publisher : Cambridge University Press
ISBN 13 : 0511346360
Total Pages : 248 pages
Book Rating : 4.5/5 (113 download)

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Book Synopsis Outsourcing Sovereignty by : Paul R. Verkuil

Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

The Privatized State

Author : Chiara Cordelli
Publisher : Princeton University Press
ISBN 13 : 0691205752
Total Pages : 356 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Privatized State by : Chiara Cordelli

Download or read book The Privatized State written by Chiara Cordelli and published by Princeton University Press. This book was released on 2020-11-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.

Mediation and Justice

Author : Penelope McRedmond
Publisher : Taylor & Francis
ISBN 13 : 1040107265
Total Pages : 252 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Mediation and Justice by : Penelope McRedmond

Download or read book Mediation and Justice written by Penelope McRedmond and published by Taylor & Francis. This book was released on 2024-07-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.

Foundations of Civil Justice

Author : Fabien Gélinas
Publisher : Springer
ISBN 13 : 3319187759
Total Pages : 145 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Foundations of Civil Justice by : Fabien Gélinas

Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

Representing Justice

Author : Judith Resnik
Publisher : Yale University Press
ISBN 13 : 0300110960
Total Pages : 719 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Representing Justice by : Judith Resnik

Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.

Private Law in the 21st Century

Author : Kit Barker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908595
Total Pages : 613 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law in the 21st Century by : Kit Barker

Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

The Justice Crisis

Author : Trevor C.W. Farrow
Publisher : UBC Press
ISBN 13 : 0774863609
Total Pages : 369 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Justice Crisis by : Trevor C.W. Farrow

Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

A Wolf at the Schoolhouse Door

Author : Jack Schneider
Publisher : The New Press
ISBN 13 : 1620978121
Total Pages : 153 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis A Wolf at the Schoolhouse Door by : Jack Schneider

Download or read book A Wolf at the Schoolhouse Door written by Jack Schneider and published by The New Press. This book was released on 2023-03-07 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trenchant analysis of how public education is being destroyed in overt and deceptive ways—and how to fight back In the “vigorous, well-informed” (Kirkus Reviews) A Wolf at the Schoolhouse Door, the co-hosts of the popular education podcast Have You Heard expose the potent network of conservative elected officials, advocacy groups, funders, and think tanks that are pushing a radical vision to do away with public education. “Cut[ing] through the rhetorical fog surrounding a host of free-market reforms and innovations” (Mike Rose), Jack Schneider and Jennifer Berkshire lay bare the dogma of privatization and reveal how it fits into the current context of right-wing political movements. A Wolf at the Schoolhouse Door “goes above and beyond the typical explanations” (SchoolPolicy.org), giving readers an up-close look at the policies—school vouchers, the war on teachers’ unions, tax credit scholarships, virtual schools, and more—driving the movement’s agenda. Called “well-researched, carefully argued, and alarming” by Library Journal, this smart, essential book has already incited a public reckoning on behalf of the millions of families served by the American educational system—and many more who stand to suffer from its unmaking. “Just as with good sci-fi,” according to Jacobin, “the authors make a compelling case that, based on our current trajectory, a nightmare future is closer than we think.”

Reign of Error

Author : Diane Ravitch
Publisher : Vintage
ISBN 13 : 0345806352
Total Pages : 418 pages
Book Rating : 4.3/5 (458 download)

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Book Synopsis Reign of Error by : Diane Ravitch

Download or read book Reign of Error written by Diane Ravitch and published by Vintage. This book was released on 2014-08-26 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the foremost authorities on education in the United States, former U.S. assistant secretary of education, an incisive, comprehensive look at today’s American school system that argues against those who claim it is broken and beyond repair; an impassioned but reasoned call to stop the privatization movement that is draining students and funding from our public schools. In a chapter-by-chapter breakdown she puts forth a plan for what can be done to preserve and improve our public schools. She makes clear what is right about U.S. education, how policy makers are failing to address the root causes of educational failure, and how we can fix it.

Vanishing Contract Law

Author : Catherine Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1009084909
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Vanishing Contract Law by : Catherine Mitchell

Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

European Human Rights Justice and Privatisation

Author : Gaëtan Cliquennois
Publisher : Cambridge University Press
ISBN 13 : 1108497055
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis European Human Rights Justice and Privatisation by : Gaëtan Cliquennois

Download or read book European Human Rights Justice and Privatisation written by Gaëtan Cliquennois and published by Cambridge University Press. This book was released on 2020-10-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.

Party Autonomy in Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 110867870X
Total Pages : 595 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

Making Globalization Happen

Author : Vijayashri Sripati
Publisher : Oxford University Press
ISBN 13 : 0198903170
Total Pages : 577 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Making Globalization Happen by : Vijayashri Sripati

Download or read book Making Globalization Happen written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2024-03-25 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.

Understanding Mass Incarceration

Author : James Kilgore
Publisher : New Press, The
ISBN 13 : 1620971224
Total Pages : 272 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Understanding Mass Incarceration by : James Kilgore

Download or read book Understanding Mass Incarceration written by James Kilgore and published by New Press, The. This book was released on 2015-08-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We all know that orange is the new black and mass incarceration is the new Jim Crow, but how much do we actually know about the structure, goals, and impact of our criminal justice system? Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world’s largest jailer: the United States. Drawing on a growing body of academic and professional work, Understanding Mass Incarceration describes in plain English the many competing theories of criminal justice—from rehabilitation to retribution, from restorative justice to justice reinvestment. In a lively and accessible style, author James Kilgore illuminates the difference between prisons and jails, probation and parole, laying out key concepts and policies such as the War on Drugs, broken windows policing, three-strikes sentencing, the school-to-prison pipeline, recidivism, and prison privatization. Informed by the crucial lenses of race and gender, he addresses issues typically omitted from the discussion: the rapidly increasing incarceration of women, Latinos, and transgender people; the growing imprisonment of immigrants; and the devastating impact of mass incarceration on communities. Both field guide and primer, Understanding Mass Incarceration will be an essential resource for those engaged in criminal justice activism as well as those new to the subject.

User Generated Law

Author : Thomas Riis
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479566
Total Pages : 288 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis User Generated Law by : Thomas Riis

Download or read book User Generated Law written by Thomas Riis and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.