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Seeking The Courts Advice
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Book Synopsis Seeking the Court’s Advice by : Kate Puddister
Download or read book Seeking the Court’s Advice written by Kate Puddister and published by UBC Press. This book was released on 2019-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
Book Synopsis Seeking the Court's Advice by : Kate Puddister
Download or read book Seeking the Court's Advice written by Kate Puddister and published by . This book was released on 2019 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute and opposing litigants. There are few, if any, parameters on what governments can ask courts in these cases, and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. With novel insight and analysis, Kate Puddister argues that judicial review can help elected policy makers achieve political ends, beyond the legal clarification provided by a reference decision. Seeking the Court's Advice is the first in-depth study of the reference power, drawing on a comprehensive assessment of over two hundred reference cases from 1875 to 2017. Puddister demonstrates that the actual outcome of a reference case - win or lose - is often secondary to the political benefits that can be attained from relying on courts through the reference power."--
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)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis Courts Without Cases by : Carissima Mathen
Download or read book Courts Without Cases written by Carissima Mathen and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Book Synopsis Access to Justice by : Rebecca L. Sanderfur
Download or read book Access to Justice written by Rebecca L. Sanderfur and published by Emerald Group Publishing. This book was released on 2009-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Book Synopsis The Self-help Friendly Court by : Richard Zorza
Download or read book The Self-help Friendly Court written by Richard Zorza and published by . This book was released on 2002 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attempts to shape a comprehensive and integrated response to the challenges posed by the increasing number of unrepresented litigants in civil courts.
Book Synopsis Model Code of Judicial Conduct by : American Bar Association
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:
Book Synopsis Contested Constitutionalism by : James B. Kelly
Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Book Synopsis Governing from the Bench by : Emmett Macfarlane
Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Book Synopsis The Tenth Justice by : Carissima Mathen
Download or read book The Tenth Justice written by Carissima Mathen and published by UBC Press. This book was released on 2020-06-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.
Book Synopsis Health Care and the Charter by : Christopher P. Manfredi
Download or read book Health Care and the Charter written by Christopher P. Manfredi and published by UBC Press. This book was released on 2018-01-15 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments that supported their positions, and the substance of the victory or defeat the Court provided.
Book Synopsis Governing with the Charter by : James B. Kelly
Download or read book Governing with the Charter written by James B. Kelly and published by UBC Press. This book was released on 2011-11-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Book Synopsis Constitutional Pariah by : Emmett Macfarlane
Download or read book Constitutional Pariah written by Emmett Macfarlane and published by UBC Press. This book was released on 2021-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Book Synopsis Appellate Mediation Program by : United States. Court of Appeals (District of Columbia Circuit)
Download or read book Appellate Mediation Program written by United States. Court of Appeals (District of Columbia Circuit) and published by . This book was released on 1993 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Michigan Court Rules: And Michigan Judicature Act Annotated by : Kelly Stephen Searl
Download or read book Michigan Court Rules: And Michigan Judicature Act Annotated written by Kelly Stephen Searl and published by . This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How to Represent Yourself in UK Family Court - A Comprehensive Guide by : Marcus Edward Bond
Download or read book How to Represent Yourself in UK Family Court - A Comprehensive Guide written by Marcus Edward Bond and published by Marcus Edward Bond esq. This book was released on 2023-06-07 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to Represent Yourself in UK Family Court: A Comprehensive Guide" is an indispensable resource for individuals navigating the complexities of the UK family court system. Whether you are facing a divorce, child custody dispute, or other family-related matter, this book provides invaluable guidance on effectively representing yourself and protecting your family's rights. Written by experts in family law, this comprehensive guide takes you step-by-step through the entire process, from preparing your case to presenting it in court. You will gain a deep understanding of the UK family court system, the legal procedures involved, and the responsibilities that come with self-representation. Learn how to assess the strengths and weaknesses of your case, gather evidence, and navigate the necessary court forms and documentation. With practical tips and strategies, you will gain confidence in presenting your arguments and examining witnesses effectively. The book also covers important topics such as child custody, access arrangements, division of assets, spousal maintenance, and domestic violence, providing insight into the specific issues you may encounter in family court. Furthermore, the guide addresses the emotional challenges that often accompany legal proceedings and offers guidance on self-care and seeking support. It provides a wealth of resources, including information on legal aid, online research tools, recommended books and websites, and support organizations that can assist you throughout your journey. Empowering and informative, "How to Represent Yourself in UK Family Court" equips you with the knowledge, skills, and resources necessary to navigate the legal process with confidence. Whether you choose self-representation or need to understand the proceedings better to work effectively with your legal team, this guide is an essential companion for anyone involved in family court matters in the UK. Disclaimer: This book is intended for informational purposes only and does not substitute professional legal advice. It is recommended to consult with a qualified solicitor or legal professional for specific legal guidance tailored to your situation.
