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Author: Pablo Bravo-Hurtado Publisher: ISBN: 9783030637323 Category : Languages : en Pages : 0
Book Description
This book discusses civil litigation at the supreme courts of nine jurisdictions - Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States - and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court's judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
Author: Pablo Bravo-Hurtado Publisher: Springer Nature ISBN: 303063731X Category : Law Languages : en Pages : 232
Book Description
This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
Author: Sheldon Ekland-Olson Publisher: Springer Science & Business Media ISBN: 1461395178 Category : Psychology Languages : en Pages : 129
Book Description
Justice Under Pressure analyzes the effects of prison crowding on the justice system. The authors focus on dramatic changes in the administration of criminal justice in Texas during the 1980s and the influence of those changes on the three-year survival rates among parolees released between 1984 and 1987. Setting out to identify differences in recidivism and the crime rate as a result of the changes instituted in Texas, the authors report the findings of their comparative "survival analysis" of 4 successive cohorts of parolees, plus a chapter specifically directed at a comparative analysis of an emergency release cohort. The final chapter compares prison construction policies and crime rate trends in Texas and California to highlight the major policy implications of the findings. This book is of particular interest to criminologists, forensic psychologists, forensic psychiatrists, and students in these fields.
Author: Marcia L. Whicker Publisher: Praeger ISBN: Category : Law Languages : en Pages : 246
Book Description
Here is a comprehensive account of the U.S. Constitution--including its evolution and its impact on shaping American government and political representation. In eight fact-filled chapters, the authors carefully explore the Constitution's role. Those involved in the study of American More ... government, constitutional law, judicial behavior, legislative behavior, or politics will find this critical examination systematic, thorough, and thought-provoking.
Author: Hans Petter Graver Publisher: Springer ISBN: 3662442930 Category : Law Languages : en Pages : 297
Book Description
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Author: Lori Foster Publisher: HQN Books ISBN: 146039612X Category : Fiction Languages : en Pages : 451
Book Description
An MMA-fighter-turned-bodyguard must protect a woman with a powerful secret in this sexy romantic suspense series launch by a New York Times bestseller. Leese Phelps’s road hasn’t been an easy one, but it’s brought him to the perfect job—working for the elite Body Armor security agency. And what his newest assignment lacks in size, she makes up for in fire and backbone. But being drawn to Catalina Nicholson is a dangerous complication, especially since it could be the very man who hired Leese who’s threatening her. What Catalina knows could get her killed. But who’d believe the sordid truth about her powerful stepfather? Beyond Leese’s ripped body and brooding gaze is a man of impeccable honor. He’s the last person she expects to trust—and the first who’s ever made her feel safe. And he’s the only one who can help her expose a deadly secret, if they can just stay alive long enough . . . Includes a bonus story. Praise for Under Pressure “Launching the Body Armor contemporary romantic suspense series, bestseller Foster . . . pulls out all the stops with precise plotting and deep characters. . . . Teasing and humorous dialogue, sizzling sex scenes, tender moments, and overriding tension show Foster’s skill as a balanced storyteller.” —Publishers Weekly