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Author: Thomas Scheffer Publisher: BRILL ISBN: 9004187502 Category : Social Science Languages : en Pages : 326
Book Description
Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.
Author: Thomas Scheffer Publisher: BRILL ISBN: 9004187502 Category : Social Science Languages : en Pages : 326
Book Description
Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.
Author: David L. Banks Publisher: CRC Press ISBN: 1498712401 Category : Business & Economics Languages : en Pages : 220
Book Description
Winner of the 2017 De Groot Prize awarded by the International Society for Bayesian Analysis (ISBA)A relatively new area of research, adversarial risk analysis (ARA) informs decision making when there are intelligent opponents and uncertain outcomes. Adversarial Risk Analysis develops methods for allocating defensive or offensive resources against
Author: Theodore L. Kubicek Publisher: Algora Publishing ISBN: 0875865275 Category : Law Languages : en Pages : 222
Book Description
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.
Author: Robert A. KAGAN Publisher: Harvard University Press ISBN: 0674039270 Category : Law Languages : en Pages : 353
Book Description
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.
Author: David John Adams Cairns Publisher: Oxford University Press on Demand ISBN: 9780198262848 Category : Law Languages : en Pages : 215
Book Description
During the first half of the 19th century, the criminal trial changed beyond recognition to attain its modern adversarial form. This book discusses the dynamics of this transformation and, in particular, the role of the Prisoners' Counsel Act 1836.
Author: Christoph Molnar Publisher: Lulu.com ISBN: 0244768528 Category : Artificial intelligence Languages : en Pages : 320
Book Description
This book is about making machine learning models and their decisions interpretable. After exploring the concepts of interpretability, you will learn about simple, interpretable models such as decision trees, decision rules and linear regression. Later chapters focus on general model-agnostic methods for interpreting black box models like feature importance and accumulated local effects and explaining individual predictions with Shapley values and LIME. All interpretation methods are explained in depth and discussed critically. How do they work under the hood? What are their strengths and weaknesses? How can their outputs be interpreted? This book will enable you to select and correctly apply the interpretation method that is most suitable for your machine learning project.
Author: Carrie J. Menkel-Meadow Publisher: Aspen Publishing ISBN: 1543803105 Category : Law Languages : en Pages : 819
Book Description
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
Author: Helen Stacy Publisher: Federation Press ISBN: 9781862871533 Category : Law Languages : en Pages : 196
Book Description
Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Author: Jacobson, Jessica Publisher: Policy Press ISBN: 144731705X Category : Social Science Languages : en Pages : 250
Book Description
Within the criminal justice systems of England and Wales, the Crown Court is the arena in which serious criminal offenses are prosecuted and sentenced. Based on up-to-date ethnographic research, including interviews and field observations, this timely book provides a vivid description of what it is like to attend court as a victim, a witness, or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. While its research is focused on the Crown Court, the book's findings are far from narrow. This valuable addition to the field brings to life the range of issues involved in jurisprudence and will be of great interest to students and scholars of criminal justice, policy makers and practitioners, and interested members of the general public the world over.
Author: Ephraim Pörtner Publisher: transcript Verlag ISBN: 3839453496 Category : Social Science Languages : en Pages : 455
Book Description
Administrative asylum procedures are permeated by tensions between rationalities of legality, efficiency, and deterrence in asylum casework and their various effects on cases. Based on ethnographic research in the Swiss asylum administration, this book unveils the pragmatics and politics of rendering asylum cases resolvable by re-cording the lives of applicants in terms of asylum. With his reading of power and agency in administrations, Ephraim Pörtner offers a critical view of the intricate relationship between practices of asylum casework and the governmental need to resolve claims of people seeking protection.
Author: Thomas Scheffer
Author: Thomas Scheffer
Author: David L. Banks
Author: Theodore L. Kubicek
Author: Robert A. KAGAN
Author: David John Adams Cairns
Author: Christoph Molnar
Author: Carrie J. Menkel-Meadow
Author: Helen Stacy
Author: Jacobson, Jessica
Author: Ephraim Pörtner