Challenged Justice: In Pursuit of Judicial Independence

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Publisher : BRILL
ISBN 13 : 9004421556
Total Pages : 588 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet

Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

How to Measure the Quality of Judicial Reasoning

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Publisher : Springer
ISBN 13 : 3319973169
Total Pages : 268 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis How to Measure the Quality of Judicial Reasoning by : Mátyás Bencze

Download or read book How to Measure the Quality of Judicial Reasoning written by Mátyás Bencze and published by Springer. This book was released on 2018-08-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

Judicial Accountabilities in New Europe

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409496937
Total Pages : 392 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Judicial Accountabilities in New Europe by : Dr Daniela Piana

Download or read book Judicial Accountabilities in New Europe written by Dr Daniela Piana and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

Ensuring the Quality, Credibility, and Relevance of U.S. Justice Statistics

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Publisher : National Academies Press
ISBN 13 : 0309144566
Total Pages : 379 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Ensuring the Quality, Credibility, and Relevance of U.S. Justice Statistics by : National Research Council

Download or read book Ensuring the Quality, Credibility, and Relevance of U.S. Justice Statistics written by National Research Council and published by National Academies Press. This book was released on 2009-09-02 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is one of the smallest of the U.S. principal statistical agencies but shoulders one of the most expansive and detailed legal mandates among those agencies. Ensuring the Quality, Credibility, and Relevance of U.S. Justice Statistics examines the full range of BJS programs and suggests priorities for data collection. BJS's data collection portfolio is a solid body of work, well justified by public information needs or legal requirements and a commendable effort to meet its broad mandate given less-than-commensurate fiscal resources. The book identifies some major gaps in the substantive coverage of BJS data, but notes that filling those gaps would require increased and sustained support in terms of staff and fiscal resources. In suggesting strategic goals for BJS, the book argues that the bureau's foremost goal should be to establish and maintain a strong position of independence. To avoid structural or political interference in BJS work, the report suggests changing the administrative placement of BJS within the Justice Department and making the BJS directorship a fixed-term appointment. In its thirtieth year, BJS can look back on a solid body of accomplishment; this book suggests further directions for improvement to give the nation the justice statistics-and the BJS-that it deserves.

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.

Education Quality and Social Justice in the Global South

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Publisher : Routledge
ISBN 13 : 1136730664
Total Pages : 222 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Education Quality and Social Justice in the Global South by : Leon Tikly

Download or read book Education Quality and Social Justice in the Global South written by Leon Tikly and published by Routledge. This book was released on 2013-06-07 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand education quality is inextricably linked with perspectives on social justice. Questions of inclusion, relevance and democracy in education are increasingly contested, most especially in the global South, and improving the quality of education, particularly for the most disadvantaged, has become a topic of fundamental concern for education policy makers, practitioners and the international development community. The reality experienced by many learners continues to be of inadequately prepared and poorly motivated teachers, struggling to deliver a rapidly changing curriculum without sufficient support, and often using outmoded teaching methods in over-crowded or dilapidated classrooms. Education Quality and Social Justice in the South includes contributions from leading scholars in the field of education and development. The text draws upon state of the art evidence from the five year EdQual research programme, which focuses upon raising achievement in low income countries, and demonstrates how systems of high quality universal education can be sustained. By exploring recent research initiatives to improve education quality, the importance of supporting local policy makers, educators and parents as agents of change, and students as active inquirers is highlighted, and the challenge of taking successful initiatives to scale is explained. The book is divided into three main parts: -Framing Education Quality -Planning and Policies for Quality -Implementing Quality in Schools Education Quality and Social Justice in the South argues that implementing a high quality of education using theories of social justice can inform the understanding of inclusion, relevance and democracy in education. The book should be essential reading for both students and researchers within the fields of international and comparative education, along with educational policy, poverty and development studies.

Criminal (in)Justice

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Publisher :
ISBN 13 : 9781546001522
Total Pages : 0 pages
Book Rating : 4.0/5 (15 download)

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Book Synopsis Criminal (in)Justice by : Rafael A. Mangual

Download or read book Criminal (in)Justice written by Rafael A. Mangual and published by . This book was released on 2023-07-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.

Justice

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429952687
Total Pages : 318 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Justice by : Michael J. Sandel

Download or read book Justice written by Michael J. Sandel and published by Farrar, Straus and Giroux. This book was released on 2009-09-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Access to Justice and Legal Aid

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900853
Total Pages : 376 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice and Legal Aid by : Asher Flynn

Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Report of the Task Force on the Quality of Justice, Subcommittee on the Quality of Judicial Service

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Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report of the Task Force on the Quality of Justice, Subcommittee on the Quality of Judicial Service by : California. Judicial Council. Task Force on the Quality of Justice. Subcommittee on the Quality of Judicial Service

Download or read book Report of the Task Force on the Quality of Justice, Subcommittee on the Quality of Judicial Service written by California. Judicial Council. Task Force on the Quality of Justice. Subcommittee on the Quality of Judicial Service and published by . This book was released on 1999 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Uncertain Justice

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Publisher : Macmillan
ISBN 13 : 0805099093
Total Pages : 416 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Uncertain Justice by : Laurence Tribe

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

How Judges Think

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Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Judicial Integrity

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Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Good Courts

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Publisher : Quid Pro Books
ISBN 13 : 1610273311
Total Pages : 237 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Good Courts by : Greg Berman

Download or read book Good Courts written by Greg Berman and published by Quid Pro Books. This book was released on 2015-12-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presented in a new digital edition, and adding a Foreword by Jonathan Lippman, Chief Judge of the state of New York, Good Courts is now available as an eBook to criminal justice workers, jurists, lawyers, political scientists, court officials, and others interested in the future of alternative justice and process in the United States. Public confidence in American criminal courts is at an all-time low. Victims, communities, and even offenders view courts as unable to respond adequately to complex social and legal problems including drugs, prostitution, domestic violence, and quality-of-life crime. Even many judges and attorneys think that the courts produce assembly-line justice. Increasingly embraced by even the most hard-on-crime jurists, problem-solving courts offer an effective alternative. As documented by Greg Berman and John Feinblatt—both of whom were instrumental in setting up New York’s Midtown Community Court and Red Hook Community Justice Center, two of the nation’s premier models for problem-solving justice—these alternative courts reengineer the way everyday crime is addressed by focusing on the underlying problems that bring people into the criminal justice system to begin with. The first book to describe this cutting-edge movement in detail, Good Courts features, in addition to the Midtown and Red Hook models, an in-depth look at Oregon’s Portland Community Court. And it reviews the growing body of evidence that the problem-solving approach to justice is indeed producing positive results around the country. Quality eBook features include linked Notes, active TOC, and proper formatting.

Complex Justice

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Publisher : UNC Press Books
ISBN 13 : 1469606607
Total Pages : 240 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Complex Justice by : Joshua M. Dunn

Download or read book Complex Justice written by Joshua M. Dunn and published by UNC Press Books. This book was released on 2012-09-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Courting the Community

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Author :
Publisher : Temple University Press
ISBN 13 : 143991740X
Total Pages : 219 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Courting the Community by : Christine Zozula

Download or read book Courting the Community written by Christine Zozula and published by Temple University Press. This book was released on 2019-06-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline. Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns. Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.