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Evidence Law Adrift
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Book Synopsis Evidence Law Adrift by : Mirjan R. Damaska
Download or read book Evidence Law Adrift written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1997-01-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere.
Book Synopsis Evaluation of Evidence by : Mirjan Damaška
Download or read book Evaluation of Evidence written by Mirjan Damaška and published by Cambridge University Press. This book was released on 2018-12-20 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Book Synopsis Crime, Procedure and Evidence in a Comparative and International Context by : John D Jackson
Download or read book Crime, Procedure and Evidence in a Comparative and International Context written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2008-09-29 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.
Book Synopsis Evidence Law by : Leonard M. Niehoff
Download or read book Evidence Law written by Leonard M. Niehoff and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Book Synopsis Scottish Criminal Evidence Law by : Peter Duff
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by EUP. This book was released on 2019-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the recent, sweeping changes to Scottish criminal evidence law and what they entail Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century. This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what the ramifications are for the future of Scottish criminal evidence law. The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused's previous convictions, the Crown's duty of disclosure and the need for corroboration.
Book Synopsis Academically Adrift by : Richard Arum
Download or read book Academically Adrift written by Richard Arum and published by University of Chicago Press. This book was released on 2011-01-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of soaring tuition costs, more and more students go to college every year. A bachelor’s degree is now required for entry into a growing number of professions. And some parents begin planning for the expense of sending their kids to college when they’re born. Almost everyone strives to go, but almost no one asks the fundamental question posed by Academically Adrift: are undergraduates really learning anything once they get there? For a large proportion of students, Richard Arum and Josipa Roksa’s answer to that question is a definitive no. Their extensive research draws on survey responses, transcript data, and, for the first time, the state-of-the-art Collegiate Learning Assessment, a standardized test administered to students in their first semester and then again at the end of their second year. According to their analysis of more than 2,300 undergraduates at twenty-four institutions, 45 percent of these students demonstrate no significant improvement in a range of skills—including critical thinking, complex reasoning, and writing—during their first two years of college. As troubling as their findings are, Arum and Roksa argue that for many faculty and administrators they will come as no surprise—instead, they are the expected result of a student body distracted by socializing or working and an institutional culture that puts undergraduate learning close to the bottom of the priority list. Academically Adrift holds sobering lessons for students, faculty, administrators, policy makers, and parents—all of whom are implicated in promoting or at least ignoring contemporary campus culture. Higher education faces crises on a number of fronts, but Arum and Roksa’s report that colleges are failing at their most basic mission will demand the attention of us all.
Book Synopsis The Insanity Defense by : Abraham S. Goldstein
Download or read book The Insanity Defense written by Abraham S. Goldstein and published by Yale University Press. This book was released on 1967-01-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insanity defense has become the most passionately debated issue in criminal law, a debate marked by slogans and stereotypes. Mr. Goldstein offers a reasoned study of that debate and the current rules behind the law, as well as a careful examination of what might be expected from any new rules now proposed.
Book Synopsis A People Adrift by : Peter Steinfels
Download or read book A People Adrift written by Peter Steinfels and published by Simon and Schuster. This book was released on 2013-01-29 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A People Adrift, a prominent Catholic thinker states bluntly that the Catholic Church in the United States must transform itself or suffer irreversible decline. Peter Steinfels shows how even before the recent revelations about sexual abuse by priests, the explosive combination of generational change and the thinning ranks of priests and nuns was creating a grave crisis of leadership and identity. This groundbreaking book offers an analysis not just of the church's immediate troubles but of less visible, more powerful forces working below the surface of an institution that provides a spiritual identity for 65 million Americans and spans the nation with its parishes, schools, colleges and universities, hospitals, clinics, and social service agencies. In A People Adrift, Steinfels warns that entrenched liberals and conservatives are trapped in a "theo-logical gridlock" that often ignores what in fact goes on in families, parishes, classrooms, voting booths, and Catholic organizations of all types. Above all, he insists, the altered Catholic landscape demands a new agenda for leadership, from the selection of bishops and the rethinking of the priesthood to the thorough preparation and genuine incorporation of a lay leadership that is already taking over key responsibilities in Catholic institutions. Catholicism exerts an enormous cultural and political presence in American life. No one interested in the nation's moral, intellectual, and political future can be indifferent to the fate of what has been one of the world's most vigorous churches -- a church now severely challenged.
Download or read book Cut Adrift written by Marianne Cooper and published by Univ of California Press. This book was released on 2014-07-31 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cut Adrift makes an important and original contribution to the national conversation about inequality and risk in American society. Set against the backdrop of rising economic insecurity and rolled-up safety nets, Marianne Cooper’s probing analysis explores what keeps Americans up at night. Through poignant case studies, she reveals what families are concerned about, how they manage their anxiety, whose job it is to worry, and how social class shapes all of these dynamics, including what is even worth worrying about in the first place. This powerful study is packed with intriguing discoveries ranging from the surprising anxieties of the rich to the critical role of women in keeping struggling families afloat. Through tales of stalwart stoicism, heart-wrenching worry, marital angst, and religious conviction, Cut Adrift deepens our understanding of how families are coping in a go-it-alone age—and how the different strategies on which affluent, middle-class, and poor families rely upon not only reflect inequality, but fuel it.
Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Book Synopsis Aspiring Adults Adrift by : Richard Arum
Download or read book Aspiring Adults Adrift written by Richard Arum and published by University of Chicago Press. This book was released on 2014-09-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few books have ever made their presence felt on college campuses—and newspaper opinion pages—as quickly and thoroughly as Richard Arum and Josipa Roksa’s 2011 landmark study of undergraduates’ learning, socialization, and study habits, Academically Adrift: Limited Learning on College Campuses. From the moment it was published, one thing was clear: no university could afford to ignore its well-documented and disturbing findings about the failings of undergraduate education. Now Arum and Roksa are back, and their new book follows the same cohort of undergraduates through the rest of their college careers and out into the working world. Built on interviews and detailed surveys of almost a thousand recent college graduates from a diverse range of colleges and universities, Aspiring Adults Adrift reveals a generation facing a difficult transition to adulthood. Recent graduates report trouble finding decent jobs and developing stable romantic relationships, as well as assuming civic and financial responsibility—yet at the same time, they remain surprisingly hopeful and upbeat about their prospects. Analyzing these findings in light of students’ performance on standardized tests of general collegiate skills, selectivity of institutions attended, and choice of major, Arum and Roksa not only map out the current state of a generation too often adrift, but enable us to examine the relationship between college experiences and tentative transitions to adulthood. Sure to be widely discussed, Aspiring Adults Adrift will compel us once again to re-examine the aims, approaches, and achievements of higher education.
Book Synopsis Legal Argumentation and Evidence by : Douglas Walton
Download or read book Legal Argumentation and Evidence written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Book Synopsis The Faces of Justice and State Authority by : Mirjan R. Damaska
Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1991-07-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson
Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Book Synopsis Scottish Criminal Evidence Law by : Peter Duff
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by Edinburgh University Press. This book was released on 2018-12-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Enlightenment happen in Edinburgh?
Book Synopsis The Hardest Place by : Wesley Morgan
Download or read book The Hardest Place written by Wesley Morgan and published by Random House Trade Paperbacks. This book was released on 2022-03-01 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: COLBY AWARD WINNER • “One of the most important books to come out of the Afghanistan war.”—Foreign Policy “A saga of courage and futility, of valor and error and heartbreak.”—Rick Atkinson, author of the Liberation Trilogy and The British Are Coming Of the many battlefields on which U.S. troops and intelligence operatives fought in Afghanistan, one remote corner of the country stands as a microcosm of the American campaign: the Pech and its tributary valleys in Kunar and Nuristan. The area’s rugged, steep terrain and thick forests made it a natural hiding spot for local insurgents and international terrorists alike, and it came to represent both the valor and futility of America’s two-decade-long Afghan war. Drawing on reporting trips, hundreds of interviews, and documentary research, Wesley Morgan reveals the history of the war in this iconic region, captures the culture and reality of the conflict through both American and Afghan eyes, and reports on the snowballing missteps—some kept secret from even the troops fighting there—that doomed the American mission. The Hardest Place is the story of one of the twenty-first century’s most unforgiving battlefields and a portrait of the American military that fought there.
Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
