Readings on Adversarial Justice

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Readings on Adversarial Justice by : Stephan Landsman

Download or read book Readings on Adversarial Justice written by Stephan Landsman and published by West Academic Publishing. This book was released on 1988 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.

Adversarial Legalism

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Publisher : Harvard University Press
ISBN 13 : 0674039270
Total Pages : 353 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Adversarial Legalism by : Robert A. KAGAN

Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.

The Adversary System

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Author :
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Adversary System by : Stephan Landsman

Download or read book The Adversary System written by Stephan Landsman and published by American Enterprise Institute Press. This book was released on 1984 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Adversarial Justice

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Publisher : Algora Publishing
ISBN 13 : 0875865291
Total Pages : 222 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis Adversarial Justice by : Theodore L. Kubicek

Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.

Adversarial Legalism

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674242688
Total Pages : 433 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Adversarial Legalism by : Robert A. Kagan

Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review

Adversarial Justice

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Author :
Publisher : Algora Publishing
ISBN 13 : 0875865283
Total Pages : 222 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis Adversarial Justice by : Theodore L. Kubicek

Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.

Non-Adversarial Justice

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Author :
Publisher : Federation Press
ISBN 13 : 1760020222
Total Pages : 352 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Non-Adversarial Justice by : Michael King

Download or read book Non-Adversarial Justice written by Michael King and published by Federation Press. This book was released on 2014-07-04 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.

Dispute Resolution

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543803105
Total Pages : 819 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Dispute Resolution by : Carrie J. Menkel-Meadow

Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Rebooting Justice

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Author :
Publisher : Encounter Books
ISBN 13 : 1594039348
Total Pages : 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 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.

Reconstructing Justice

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Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226777184
Total Pages : 332 pages
Book Rating : 4.7/5 (771 download)

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Book Synopsis Reconstructing Justice by : Franklin Strier

Download or read book Reconstructing Justice written by Franklin Strier and published by University of Chicago Press. This book was released on 1996-05-15 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.

The Origins of Adversary Criminal Trial

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Publisher : Oxford University Press, USA
ISBN 13 : 0199258880
Total Pages : 378 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Origins of Adversary Criminal Trial by : John H. Langbein

Download or read book The Origins of Adversary Criminal Trial written by John H. Langbein and published by Oxford University Press, USA. This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.

Adversarial Reasoning

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Publisher : CRC Press
ISBN 13 : 1420011014
Total Pages : 340 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Adversarial Reasoning by : Alexander Kott

Download or read book Adversarial Reasoning written by Alexander Kott and published by CRC Press. This book was released on 2006-07-20 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rising tide of threats, from financial cybercrime to asymmetric military conflicts, demands greater sophistication in tools and techniques of law enforcement, commercial and domestic security professionals, and terrorism prevention. Concentrating on computational solutions to determine or anticipate an adversary's intent, Adversarial Reasoning: Computational Approaches to Reading the Opponent's Mind discusses the technologies for opponent strategy prediction, plan recognition, deception discovery and planning, and strategy formulation that not only applies to security issues but also to game industry and business transactions. Addressing a broad range of practical problems, including military planning and command, military and foreign intelligence, antiterrorism, network security, as well as simulation and training systems, this reference presents an overview of each problem and then explores various approaches and applications to understand the minds and negate the actions of your opponents. The techniques discussed originate from a variety of disciplines such as stochastic processes, artificial intelligence planning, cognitive modeling, robotics and agent theory, robust control, game theory, and machine learning, among others. The beginning chapters outline the key concepts related to discovering the opponent's intent and plans while the later chapters journey into mathematical methods for counterdeception. The final chapters employ a range of techniques, including reinforcement learning within a stochastic dynamic games context to devise strategies that combat opponents. By answering specific questions on how to create practical applications that require elements of adversarial reasoning while also exploring theoretical developments, Adversarial Reasoning: Computational Approaches to Reading the Opponent's Mind is beneficial for practitioners as well as researchers.

Varieties of Legal Order

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Author :
Publisher : Routledge
ISBN 13 : 1136211195
Total Pages : 358 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Varieties of Legal Order by : Thomas F. Burke

Download or read book Varieties of Legal Order written by Thomas F. Burke and published by Routledge. This book was released on 2017-08-14 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

Criminal Justice: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191025879
Total Pages : 144 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Criminal Justice: A Very Short Introduction by : Julian V. Roberts

Download or read book Criminal Justice: A Very Short Introduction written by Julian V. Roberts and published by OUP Oxford. This book was released on 2015-08-27 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Lawyers and Justice

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Publisher : Princeton University Press
ISBN 13 : 9780691022901
Total Pages : 484 pages
Book Rating : 4.0/5 (229 download)

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Book Synopsis Lawyers and Justice by : David Luban

Download or read book Lawyers and Justice written by David Luban and published by Princeton University Press. This book was released on 1988-12-21 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

Special Advocates in the Adversarial System

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Publisher : Routledge
ISBN 13 : 1315278758
Total Pages : 240 pages
Book Rating : 4.3/5 (152 download)

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Book Synopsis Special Advocates in the Adversarial System by : John Jackson

Download or read book Special Advocates in the Adversarial System written by John Jackson and published by Routledge. This book was released on 2019-07-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.

Non-adversarial Justice

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Author :
Publisher :
ISBN 13 : 9781862879744
Total Pages : 339 pages
Book Rating : 4.8/5 (797 download)

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Book Synopsis Non-adversarial Justice by : Michael Sandford King

Download or read book Non-adversarial Justice written by Michael Sandford King and published by . This book was released on 2014 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United KingdomIt examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.It identifies the common themes, values and principles that bring these disparate theories and practices together and explicates them for practitioners, courts and students. It examines the implications of these changes for legal practice, the courts and legal education.This second edition discusses recent developments in non-adversarial justice that have seen the expansion of therapeutic jurisprudence into new areas of the law and changes in judicial practices, the expanding use of restorative justice and the waxing and waning of problem-oriented courts across Australia. It provides up-to-date information about the increasing number of evaluations of non-adversarial programs and the changing nature of legal and professional education in the light of these new theories and practices.