Justice In The 21st Century

Justice In The 21st Century
Author: Russell Fox
Publisher: Routledge
Total Pages: 271
Release: 2012-10-02
Genre: Law
ISBN: 1135316414

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Hon Russell Fox argues that the existing common law procedural system is not equal to the demands of the coming century. Beginning with a thoroughly researched analysis of the large scale dissatisfaction with and disaffection from the present day courts, this book proposes means for approaching Justice in the Twenty-First Century. This book is essential reading for all lawyers, judges, politicians and citizens interested in the question of remedying the significant problems plaguing the current system for the provision of justice in Australia, England and the United States. Foreword provided by the Rt Hon Lord Irvine of Lairg, the Lord Chancellor of Great Britain.

Judicial Elections in the 21st Century

Judicial Elections in the 21st Century
Author: Chris W. Bonneau
Publisher: Taylor & Francis
Total Pages: 305
Release: 2016-12-08
Genre: Political Science
ISBN: 131728822X

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Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.

Problem-Solving Courts

Problem-Solving Courts
Author: Paul C. Higgins
Publisher: Bloomsbury Publishing USA
Total Pages: 214
Release: 2009-05-19
Genre: Law
ISBN: 0313352852

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The new trend in problem-solving courts—specialized courts utilized to address crimes not adequately addressed by the standard criminal justice system—is examined in this thorough and insight-filled book. At least since the late 1980s, with the development of the first drug court in Dade County, Florida, the justice system has undergone what some believe is a revolution—the movement toward problem-solving courts. Problem-Solving Courts: Justice for the Twenty-First Century? provides a concise, thorough, well-documented, and balanced foundation for anyone interested in understanding this phenomenon. Detailing the "promise and potential perils" of problem-solving courts, the authors represented here examine the development of the problem-solving court movement, the rationale for the courts, the approaches they take, and their anticipated benefits and potential pitfalls. Using case examples and looking at various types of problem-solving courts, the book offers "foundational" information about the specific types of problem-solving courts, their goals and philosophies, their organization and operation, their variation in structure and procedures, and the extensiveness of the court. It draws conclusions about the relative merits or disadvantages of such courts and considers prospects for the future.

Federal Courts in Context

Federal Courts in Context
Author: Erwin Chemerinsky
Publisher: Aspen Publishing
Total Pages: 1698
Release: 2023-06-23
Genre: Law
ISBN: 1543850324

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Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning

Consequential Courts

Consequential Courts
Author: Diana Kapiszewski
Publisher: Cambridge University Press
Total Pages: 453
Release: 2013-04-08
Genre: Law
ISBN: 1107067537

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In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
Total Pages: 317
Release: 2006-09-14
Genre: Social Science
ISBN: 1139458655

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Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

The 21st Century Courts

The 21st Century Courts
Author: Beverley McLachlin
Publisher:
Total Pages: 14
Release: 2006-01-01
Genre: Courts
ISBN: 9781875527489

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The Chief Justice of Canada discusses the traditional role of the judge, notes the changing role of judges in modern society and details the qualities required of judges in the modern court. The modern judge must draw upon traditional values but must foster new values to meet the expectations of the modern court.