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Rebooting Justice
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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.
Download or read book Film Reboots written by Daniel Herbert and published by Edinburgh University Press. This book was released on 2020-08-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a set of vibrant case studies, this collection investigates rebooting as a practice that seeks to remake an entire film series or franchise, with ambitions that are at once respectful and revisionary.
Book Synopsis New Pathways to Civil Justice in Europe by : Xandra Kramer
Download or read book New Pathways to Civil Justice in Europe written by Xandra Kramer and published by Springer Nature. This book was released on 2021-09-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Benjamin H. Barton
Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
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.
Book Synopsis The Price of Justice by : Ronald Goldfarb
Download or read book The Price of Justice written by Ronald Goldfarb and published by Turner Publishing Company. This book was released on 2020-10-06 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Attorney and literary agent Goldfarb (editor, After Snowden) delivers a lacerating critique of inequities in America’s criminal and civil justice systems and the role of lawyers in perpetuating them... Legal professionals will want to take note.” – Publisher’s Weekly With foreword by Senator Bernie Sanders Real civil and criminal Justice is long overdue InThe Price of Justice: Money, Morals and Ethical Reform in the Law veteran Washington Lawyer Ronald Goldfarb reveals the injustices in our legal system and how money and power have exceeded ethics in the legal profession for far too long. Justice reform has become an increasingly present topic in the news and media, with movements like “I Can’t Breathe” and Black Lives Matter prompting national outcry from the public over the unethical actions of law enforcement, and remains one of the most controversial and highly debated issues for politicians and citizens today. With more than 2 million American’s incarcerated, it is beyond apparent that the justice system intrinsically ensures that lower-income people and minorities are shockingly under represented and offered little to no legal protection. In The Price of Justice, Goldfarb offers powerful testimonies, media evidence, and first-hand expertise from working in the Justice Department as a longtime public interest lawyer to reveal how both the criminal and civil justice systems fail to serve lower and middle-class citizens, and makes an undeniable case for the profound justice reform that is so desperately needed. Goldfarb asks that we examine closely a legal system that has become largely pay-to-play, benefiting the administrators and those wealthy citizens who can afford to “lawyer up”, and shows little mercy for the lower-income citizens who fall victim to an endless cycle of conviction, fines, bail, lack of counsel and capital punishment. Goldfarb exposes a system that values money over ethics and lawyers who value winning cases over finding truth and serving justice, pointing out that civil aid and public defenders are grossly under-staffed and under financed, making it nearly impossible to meet the challenges of well-paid private lawyers. This book begs the legal profession to consider it’s ethical code when considering cases to represent, not just represent crooks who can pay and turn away worthy clients who cannot afford absorbent fees, and equips the public with the knowledge needed to advocate for justice reform.
Book Synopsis Justice in the Digital State by : Tomlinson, Joe
Download or read book Justice in the Digital State written by Tomlinson, Joe and published by Policy Press. This book was released on 2019-05-29 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernization of courts and tribunals whilst re-examining the effects on technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the increasing use of data in justice system design, the digitalisation of tribunals, and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption. Available Open Access under CC-BY-NC licence.
Book Synopsis Legal Tech and the Future of Civil Justice by : David Freeman Engstrom
Download or read book Legal Tech and the Future of Civil Justice written by David Freeman Engstrom and published by Cambridge University Press. This book was released on 2023-02-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand - or curtail - access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system - and provides grounded advice for a sensible path forward.
Book Synopsis Transitional Justice in West Africa by : Linus Nnabuike Malu
Download or read book Transitional Justice in West Africa written by Linus Nnabuike Malu and published by Taylor & Francis. This book was released on 2022-08-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990–2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims’ rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.
Book Synopsis The Judicial System by : Michael C. LeMay
Download or read book The Judicial System written by Michael C. LeMay and published by Bloomsbury Publishing USA. This book was released on 2022-05-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events.
Book Synopsis Understanding Due Process in Non-Criminal Matters by : Ricardo Lillo Lobos
Download or read book Understanding Due Process in Non-Criminal Matters written by Ricardo Lillo Lobos and published by Springer Nature. This book was released on 2022-07-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
Book Synopsis Rebooting India by : Nandan Nilekani
Download or read book Rebooting India written by Nandan Nilekani and published by Penguin UK. This book was released on 2016-02-04 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely call to reshape government through technology, from Nandan Nilekani and Viral Shah, two leading experts in the field. For many aspects of how our countries are run - from social security and fair elections to communication, infrastructure and the rule of law - technology can play an increasingly positive, revolutionary role. In India, for example, where many underprivileged citizens are invisible to the state, a unique national identity system is being implemented for the first time, which will help strengthen social security. And throughout the world, technology is essential in the transition to clean energy. This book, based on the authors' collective experiences working with government, argues that technology can reshape our lives, in both the developing and developed world, and shows how this can be achieved. Praise for Nandan Nilekani: 'A pioneer . . . one of India's most celebrated technology entrepreneurs' Financial Times 'There is a bracing optimism about Nilekani's analysis . . . which can only be welcome in this age of doom and gloom' Telegraph 'The Bill Gates of Bangalore . . . Nilekani achieves an impressive breadth' Time Nandan Nilekani is a software entrepreneur, Co-founder of Infosys Technologies, and the head of the Government of India's Technology Committee. He was named one of the '100 Most Influential People in the World' by TIME magazine and Forbes' 'Business Leader of the Year', and he is a member of the World Economic Forum Board. Viral B. Shah is a software expert who has created various systems for governments and businesses worldwide.
Book Synopsis Artificial Intelligence and the Legal Profession by : Michael Legg
Download or read book Artificial Intelligence and the Legal Profession written by Michael Legg and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.
Book Synopsis The Crisis in America's Criminal Courts by : William R. Kelly
Download or read book The Crisis in America's Criminal Courts written by William R. Kelly and published by Rowman & Littlefield. This book was released on 2021-08-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crisis in America’s Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and author, William R. Kelly, agrees, that crushing caseloads and court dockets certainly qualify as a crisis, Kelly suggests there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, Kelly proposes a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advice regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.
Book Synopsis Ethical Problems in the Practice of Law by : Lisa G. Lerman
Download or read book Ethical Problems in the Practice of Law written by Lisa G. Lerman and published by Aspen Publishing. This book was released on 2020-02-05 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: This problem-based book reflects the authors’ broad range of teaching, clinical, and policy-making experience. Ethical Problems in the Practice of Law’s carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion. New to the Fifth Edition: Comprehensive updates to reflect the many new developments in this fast-moving field. The authors carefully revised the entire text, adding six new problems and countless new case examples to illustrate the operation of “lawyer law.” Expanded coverage of ethics issues for arbitrators and mediators. Expanded coverage of the ethical challenges and pitfalls faced by lawyers in light of advancing technology. Deeper discussion of issues of diversity and discrimination in the legal profession. Updated and enhanced materials on innovations and transformations in the legal profession and the regulation of lawyers in the United States and abroad, including innovation in financing law practice and litigation, and offshoring legal work. Additional material on continuing efforts to address the unmet need for legal services, including licensing of nonlawyers to provide limited legal services. Professors and students will benefit from: Real-world problems, most based on actual cases, in which students are asked to step into the shoes of practicing lawyers to confront difficult ethical dilemmas that often arise in the early years of law practice. Problem-based approach, often based on real-life cases, offers students a practical way to test their understanding Problem method engages students and generates class discussion, because most problems present head-scratching dilemmas that students must puzzle through together Graphics (cartoons, tables, photos) throughout, which make the presentation lively and engaging Clear expositions of the law allow professors to devote the majority of class time to interactive discussion of the problems Transformation of a course from an often-boring upper-class requirement to a learning environment that is educationally rich, engaging and fun Shocking examples of recent lawyer misconduct maintain student interest A readable and enjoyable law school textbook
Book Synopsis Fixing Law Schools by : Benjamin H. Barton
Download or read book Fixing Law Schools written by Benjamin H. Barton and published by NYU Press. This book was released on 2019-12-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the “resistance” has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they’re going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.
Book Synopsis The Juridification of Business Ethics by : Bart Jansen
Download or read book The Juridification of Business Ethics written by Bart Jansen and published by Springer Nature. This book was released on 2023-09-26 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theory of the juridification of business ethics. Ethical codes pop up everywhere in the business world and increasingly resemble the code of law. A focus on compliance rather than reflection becomes the norm. Legal perspectives replace ethical perspectives, turning ethicists into lawyers without a law degree. This juridification of business ethics conceals a diminishing trust in ethics, as legal reasoning substitutes philosophical thinking. By appealing to the critical study of law, Bart Jansen advocates for a renewed focus on the ethical side of business. This book shows the importance of a good balance between law and ethics in business and is of great interest to both academics and professionals.
