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Author: Elayne E. Greenberg Publisher: ISBN: Category : Languages : en Pages : 12
Book Description
It is one of the oldest lawyer jokes in the book, and its punchline is about to change. Remember the New Yorker cartoon, in which a lawyer and the client sit at a table, and the lawyer assesses the client's legal problem? "You have a pretty good case," the lawyer informs him. "How much justice can you afford?" the client's response is unvoiced in the cartoon, but moving beyond the punchline, one can imagine the client's heart sinking, realizing that he may not be able to afford all the justice he needs, or any justice at all. This reflects the day-to-day reality of most people in the United States and around the world: the justice they can afford is not the justice they need. That, too, is about to change as Online Dispute Resolution offers an affordable justice option for litigants who have been denied access to justice because they could not afford the cost of lawyers. In this article, we discuss ODR, its goals and implementation in the court system, and the ways in which it shakes up some of the conventional economics and practices of the legal services market.
Author: Elayne E. Greenberg Publisher: ISBN: Category : Languages : en Pages : 12
Book Description
It is one of the oldest lawyer jokes in the book, and its punchline is about to change. Remember the New Yorker cartoon, in which a lawyer and the client sit at a table, and the lawyer assesses the client's legal problem? "You have a pretty good case," the lawyer informs him. "How much justice can you afford?" the client's response is unvoiced in the cartoon, but moving beyond the punchline, one can imagine the client's heart sinking, realizing that he may not be able to afford all the justice he needs, or any justice at all. This reflects the day-to-day reality of most people in the United States and around the world: the justice they can afford is not the justice they need. That, too, is about to change as Online Dispute Resolution offers an affordable justice option for litigants who have been denied access to justice because they could not afford the cost of lawyers. In this article, we discuss ODR, its goals and implementation in the court system, and the ways in which it shakes up some of the conventional economics and practices of the legal services market.
Author: Mohammad Ayub Khan Publisher: Springer ISBN: 3030002772 Category : Business & Economics Languages : en Pages : 577
Book Description
Global business management issues and concerns are complex, diverse, changing, and often intractable. Industry actors and policy makers alike rely upon partnerships and alliances for developing and growing sustainable business organizations and ventures. As a result, global business leaders must be well-versed in managing and leading multidimensional human relationships and business networks – requiring skill and expertise in conducting the negotiation processes that these entail. After laying out a foundation justifying the importance of studying negotiation in a global context, this book will detail conventional and contemporary theories regarding international engagement, culture, cultural difference, and cross-cultural interaction, with particular focus on their influence on negotiation. Building on these elements, the book will provide a broad array of country-specific chapters, each describing and analyzing the negotiation culture of businesspeople in a different country around the world. Finally, the book will look ahead, with an eye towards identifying and anticipating new trends and developments in the field of global negotiation. This text will appeal to scholars and researchers in international business, cross-cultural studies, and conflict management who seek to understand the challenges of intercultural communication and negotiation. It will provide trainers and consultants with the insights they need to prepare their clients for intercultural negotiation. Finally, the text will appeal to businesspeople who find themselves heading out to engage with counterparts in another country, or operating in other multinational environments on a regular basis.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Marc Galanter Publisher: Univ of Wisconsin Press ISBN: 9780299213541 Category : Law Languages : en Pages : 452
Book Description
What do you call 600 lawyers at the bottom of the sea? Marc Galanter calls it an opportunity to investigate the meanings of a rich and time-honored genre of American humor: lawyer jokes. Lowering the Bar analyzes hundreds of jokes from Mark Twain classics to contemporary anecdotes about Dan Quayle, Johnnie Cochran, and Kenneth Starr. Drawing on representations of law and lawyers in the mass media, political discourse, and public opinion surveys, Galanter finds that the increasing reliance on law has coexisted uneasily with anxiety about the “legalization” of society. Informative and always entertaining, his book explores the tensions between Americans’ deep-seated belief in the law and their ambivalence about lawyers.
Author: Jim Petro Publisher: ISBN: 9781138782990 Category : Law Languages : en Pages : 0
Book Description
Compelling and engagingly written, this book by the former Attorney General of Ohio and his wife takes the reader inside a number of actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, exposing eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful convictions sources throughout the world, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant's decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in False Justice. Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1890s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe -- and research and logic suggest -- that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty. Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. False Justice explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections. Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of False Justice we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct--both police and prosecutor and in some cases both--in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error." Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. False Justice shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony. Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve. Myth 7: It dishonors the victim to question a conviction. False Justice reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does that honor victims? Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. False Justice recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us -- everyday American citizens -- not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer.
Author: Rebecca L. Sanderfur Publisher: Emerald Group Publishing ISBN: 1848552432 Category : Social Science Languages : en Pages : 288
Book Description
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.
Author: Franklin Strier Publisher: University of Chicago Press ISBN: 9780226777184 Category : Law Languages : en Pages : 332
Book Description
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.
Author: Martin Gramatikov Publisher: Maklu ISBN: 9046603121 Category : Law Languages : en Pages : 98
Book Description
This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.
Author: Frederick Wilmot-Smith Publisher: Harvard University Press ISBN: 0674243730 Category : Law Languages : en Pages : 273
Book Description
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Author: Elayne E. Greenberg
Author: Elayne E. Greenberg
Author: Mohammad Ayub Khan
Author: American Bar Association. House of Delegates
Author: Marc Galanter
Author: Jim Petro
Author: Hazel G. Genn
Author: Rebecca L. Sanderfur
Author: Franklin Strier
Author: Martin Gramatikov
Author: Frederick Wilmot-Smith