Author: Neil Andrews Publisher: Springer Science & Business Media ISBN: 940072294X Category : Law Languages : en Pages : 305
Book Description
This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Author: Rehan Abeyratne Publisher: Cambridge University Press ISBN: 1108887996 Category : Law Languages : en Pages : 361
Book Description
In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.
Author: Claire McIvor Publisher: Bloomsbury Publishing ISBN: 1847312713 Category : Law Languages : en Pages : 196
Book Description
Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel category of tortious liability that has evolved from a collection of disparate and isolated judicial decisions setting out, on an entirely ad hoc basis, individualised exceptions to the entrenched common law rules against liability for omissions and liability for the acts of others. As a result of the improvised nature of its development, the current law on third party liability is unstructured, unprincipled and incoherent. The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the future.
Author: Beth M. Huebner Publisher: John Wiley & Sons ISBN: 1118868765 Category : Social Science Languages : en Pages : 604
Book Description
This volume of the series was designed to provide a comprehensive primer on the existing best practices and emerging developments in the study and design research on crime and criminology. The work as a whole includes chapters on the measurement of criminal typologies, the offenders, offending and victimization, criminal justice organizations, and specialized measurement techniques. Each chapter is written by experts in the field and they provide an excellent survey of the literature in the relevant area. More importantly, each chapter provides a description of the various methodological and substantive challenges presented in conducting research on these issues and denotes possible solutions to these dilemmas. An emphasis was placed on research that has been conducted outside of the United States and was designed to give the reader a broader more global understanding of the social context of research. The goal of this volume is to provide a definitive reference for professionals in the field, researchers, and students. This volume in the Handbooks in Criminology and Criminal Justice series identifies the principal topical areas of research in this field and summarizes the various methodological and substantive challenges presented in conducting research on these issues. In each chapter, authors provide a summary of the prominent data collection efforts in the topical area, provide an overview of the current methodological work, discuss the challenges in the measurement of central concepts in the subject area, and identify new horizons emerging in data collection and measurement. We encouraged authors to discuss work conducted in an international context and to incorporate discussion of qualitative methodologies when appropriate.
Author: David Freeman Engstrom Publisher: Cambridge University Press ISBN: 1009255339 Category : Law Languages : en Pages : 417
Book Description
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.
Author: Sarah Wilson Publisher: Oxford University Press, USA ISBN: 0198726252 Category : Law Languages : en Pages : 533
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts & Equity explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Author: Stephen P. Klein Publisher: ISBN: Category : Law Languages : en Pages : 232
Book Description
This report describes the authors' investigation of 2,263 male defendants charged with armed robbery or residential burglary in 14 urban areas across the nation. They sought to determine if certain case outcomes varied from one jurisdiction to another. They also attempted to determine if these outcomes were linked in any way with various case and defendant characteristics. The study considered all cases pending against a defendant, but the findings indicate that knowing whether or not a defendant faced overlapping charges contributed little to the prediction of case outcomes. The fate of a defendant was generally invariant across jurisdictions once case and defendant characteristics were held constant. The principal findings are twofold: (1) once a defendant is charged with an armed robbery or a residential burglary, there is a high probability that he will be convicted and incarcerated; and (2) that probability is generally unaffected by the urban county in which his case is adjudicated.
Author: Madison Powers Publisher: Oxford University Press ISBN: 019005400X Category : Philosophy Languages : en Pages : 325
Book Description
Madison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden's theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a structural theory to be broadly applicable both within and across national boundaries its central claims must be universally endorsable. Instead, Powers and Faden find support for their theory in examples of structural injustice around the world, and in the insights and perspectives of related social movements. Their theory also differs from approaches that make enhanced democratic decision-making or the global extension of republican institutions the centerpiece of proposed remedies. Instead, the theory focuses on justifiable forms of resistance in circumstances in which institutions are unwilling or unable to address pressing problems of injustice. The insights developed in Structural Injustice will interest not only scholars and students in a range of disciplines from political philosophy to feminist theory and environmental justice, but also activists and journalists engaged with issues of social justice.
Author: Neil Andrews
Author: Rehan Abeyratne
Author: Kathleen A. Kendall-Tackett
Author: Claire McIvor
Author: Beth M. Huebner
Author: David Freeman Engstrom
Author: Sarah Wilson
Author: Stephen P. Klein
Author: Jaime Lindsey
Author: Madison Powers