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Author : Richard Chernick
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.F/5 ( download)
Download or read book Private Judging written by Richard Chernick and published by . This book was released on 1997 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Janice A. Roehl
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)
Download or read book Private Judging written by Janice A. Roehl and published by . This book was released on 1993 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James P. Gray
Publisher : Square One Publishers, Inc.
ISBN 13 : 0757052428
Total Pages : 525 pages
Book Rating : 4.7/5 (57 download)
Download or read book Wearing the Robe written by James P. Gray and published by Square One Publishers, Inc.. This book was released on 2012-07-17 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do Hammurabi, Solomon, and Oliver Wendell Holmes, Jr. have in common? They all presided as judges, relying on a precise understanding of the law to mete out justice. Today’s judges, too, have a significant opportunity to intelligently resolve disputes and artfully change lives, but they also face many other daily challenges. Unfortunately, there is no real handbook for a practicing judge—or there wasn’t, until now. Written by Judge James P. Gray, Wearing the Robe explores the day-to-day realities of being a judge, from faithfully applying the law in court to sharing knowledge outside the courthouse. The author addresses a range of important topics, examining how judges can obtain and refine their skills, preside effectively over judicial calendars, healthfully manage the restrictions placed on their private lives, and more. Throughout, personal insights and practical tips add to the firm foundation of knowledge.
Author : California. Judicial Council. Advisory Committee on Private Judging
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (231 download)
Download or read book The Report and Recommendations of the Judicial Council Advisory Committee on Private Judges written by California. Judicial Council. Advisory Committee on Private Judging and published by . This book was released on 1990* with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : California. Judicial Council. Advisory Committee on Private Judges
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (414 download)
Download or read book The Report and Recommendations of the Judicial Council Advisory Committee on Private Judges written by California. Judicial Council. Advisory Committee on Private Judges and published by . This book was released on 1990* with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Gilb
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781539694304
Total Pages : 52 pages
Book Rating : 4.6/5 (943 download)
Download or read book Simplify Your Practice written by Michael Gilb and published by Createspace Independent Publishing Platform. This book was released on 2016-11-16 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the layman's mind, our civil justice system takes too long and costs too much. ADR systems (Arbitration, Mediation and 'Private Judging') were designed to address these concerns [easing judicial bottlenecks, expeditiously resolving disputes, and making justice affordable]. Arbitration and Mediation are well established - 'Private Judging' remains an under-utilized ADR alternative. Private judging is a unique ADR process that provides the benefits of resolution by arbitration - yet unlike arbitration, preserves appellate review. This book explores the statute Ohio adopted in 1984 that permits 'Private Judging' - a unique ADR alternative.
Author : Christopher R. Drahozal
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book A Behavioral Analysis of Private Judging written by Christopher R. Drahozal and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much attention has been given to how cognitive illusions - both heuristics and cognitive biases - affect decision making by juries. Less, albeit increasing, attention has been given to how cognitive illusions affect decision making by judges. Almost no attention, however, has been given to how cognitive illusions might affect decision making by arbitrators. This article extends the behavioral analysis of the legal system to private judging, and considers the implications of that analysis for the debate on pre-dispute consumer arbitration clauses. Empirical evidence on the effect of cognitive illusions in arbitral decision making is extremely limited. Further complicating the analysis of private judging are structural differences between arbitration hearings and jury trials, which may heighten or dampen the effect of cognitive illusions on decision making in the real world. If arbitrators are assumed to be more like judges than jurors in their decision making - a seemingly reasonable assumption - studies comparing the effect of cognitive illusions on judges and jurors provide at least a starting point for making predictions about arbitral decision making. On this view, the article reaches the very tentative conclusion that arbitrators, like judges, may be less susceptible to at least some cognitive illusions than jurors. If subsequent research bears out this tentative conclusion, it would have important implications for the ongoing debate over consumer arbitration. If arbitral decision making is less subject than jury decision making to the effects of cognitive illusions, then the use of arbitration may improve the accuracy of dispute resolution, reducing the risk of overcompensation (rather than resulting in undercompensation). This is not to suggest that such utilitarian arguments should be used to override constitutional protections, or that the jury might not serve other functions than simply dispute resolution. Instead, the point simply is that when Congress (or another policy maker) is considering whether to restrict the enforceability of consumer arbitration agreements, it should not assume that juries necessarily make "better" decisions than arbitrators. To the contrary, restricting the availability of arbitration may reduce the accuracy of dispute resolution, thereby imposing real costs on the parties to consumer contracts.
Author : Agnessa O. Inshakova
Publisher : IAP
ISBN 13 : 1641139897
Total Pages : 333 pages
Book Rating : 4.6/5 (411 download)
Download or read book Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law written by Agnessa O. Inshakova and published by IAP. This book was released on 2020-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen. A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two "branches". The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: "med-arb", "mini court", judge "for hire", financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.
Author : Ulrike Schultz
Publisher : A&C Black
ISBN 13 : 1782251111
Total Pages : 825 pages
Book Rating : 4.7/5 (822 download)
Download or read book Gender and Judging written by Ulrike Schultz and published by A&C Black. This book was released on 2014-07-18 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
Author : James Edward Bond
Publisher : Transaction Publishers
ISBN 13 : 141283595X
Total Pages : 94 pages
Book Rating : 4.4/5 (128 download)
Download or read book The Art of Judging written by James Edward Bond and published by Transaction Publishers. This book was released on with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The single most important issue in American constitutional law is that of the role the Supreme Court should play in the interpretation of the Constitution. This issue has been a source of controversy at least since 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused on it by debates over whether it is desirable, or even possible, to interpret the Constitution strictly in terms of the original intent of the framers.
Author : Barbara Jacobs Rothstein
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 ( download)
Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein and published by . This book was released on 2009 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association
Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey Brand-Ballard
Publisher :
ISBN 13 : 0195342291
Total Pages : 367 pages
Book Rating : 4.1/5 (953 download)
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by . This book was released on 2010 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author : James Lee
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316166
Total Pages : 342 pages
Book Rating : 4.8/5 (473 download)
Download or read book From House of Lords to Supreme Court written by James Lee and published by Bloomsbury Publishing. This book was released on 2011-01-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.
Author : Canadian Judicial Council
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.
Author : Matthew Finkin
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Workplace Justice written by Matthew Finkin and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great many employers in the United States have required employees to forego judicial litigation in favor of arbitration. These employers see efficiency and legal benefits in the substitution. This development poses the question of whether private judging matters. If so, to whom, and why. Much of the resulting academic study has been empirical, addressed to the efficiency benefits in terms of differences in access and outcome. This article addresses the legal benefits employers seek, especially the absence of precedent. The springboard for analysis compares the German law of wrongful dismissal with the treatment of wrongful dismissal in American labor arbitration, using discharge for petty theft for case study. (The attached are the proofs of an article to appear in the Zeitschrift für Vergleichende Rechtswissenschaft, a leading German journal in comparative law.) The article argues that a significant but rather little discussed potential consequence of the privatization of public law is the effect on the public perception of and so of public concern with the underlying issue.
