Failures of American Civil Justice in International Perspective

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 9781139504898
Release Date: 2011-08-29
Genre: Law

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 9781108187428
Release Date: 2018-03-31
Genre: Law

In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

The Three Paths of Justice

Author: Neil Andrews
Publisher: Springer Science & Business Media
ISBN: 940072294X
Release Date: 2011-09-28
Genre: Law

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.

China and International Commercial Dispute Resolution

Author: Qiao Liu
Publisher: BRILL
ISBN: 9789004306738
Release Date: 2015-10-19
Genre: Law

China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Author: Alan Uzelac
Publisher: Springer Science & Business Media
ISBN: 9783319034430
Release Date: 2014-01-11
Genre: Law

This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Civil Justice in Crisis

Author: A. A. S. Zuckerman
Publisher: Oxford University Press on Demand
ISBN: 0198298331
Release Date: 1999
Genre: Law

A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.

The Successes and Failures of Whistleblower Laws

Author: Robert G. Vaughn
Publisher: Edward Elgar Publishing
ISBN: 9781849808385
Release Date: 2012-01-01
Genre: Political Science

"A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.

Crime and Punishment in America

Author: Elliott Currie
Publisher: Macmillan
ISBN: 9781250024213
Release Date: 2013-03-26
Genre: Political Science

An acclaimed criminologist examines America's ongoing war against violent crime, arguing that ever-increasing rates of imprisonment have not reduced--and will not reduce--crime rates and offering a range of tested alternatives based on deterrence. Tour.

Social Movements and Civil War

Author: Donatella della Porta
Publisher: Routledge
ISBN: 9781315403083
Release Date: 2017-07-20
Genre: Political Science

This book investigates the origins of civil wars which emerge from failed attempts at democratization. The main aim of this volume is to develop a theoretical explanation of the conditions under which and the mechanisms through which social movements’ struggles for democracy end up in civil war. While the empirical evidence suggests that this is not a rare phenomenon, the literatures on social movements, democratization and civil wars have grown apart from each other. At the theoretical level, Social Movements and Civil War bridges insights in the three fields, looking in particular at explanations of the radicalization of social movements, the failure of democratization processes and the onset of civil war. In doing this, it builds upon the relational approach developed in contentious politics with the aim of singling out robust causal mechanisms. At the empirical level, the research provides in-depth descriptions of four cases of trajectory from social movements for democratization into civil wars: in Syria, Libya, Yemen and the former Yugoslavia. Conditions such as the double weakness of civil society and the state, the presence of entrepreneurs of violence as well as normative and material resources for violence, ethnic and tribal divisions, domestic and international military interventions are considered as influencing the chains of actors’ choices rather than as structural determinants. This book will be of great interest to students of civil wars, political violence, social movements, democratization, and IR in general.

Rebooting Justice

Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 9781594039348
Release Date: 2017-08-01
Genre: Law

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Just Mercy Adapted for Young Adults

Author: Bryan A. Stevenson
Publisher: Delacorte Press
ISBN: 9780525580058
Release Date: 2018-09-18
Genre: Young Adult Nonfiction

In this young adult adaptation of the acclaimed bestselling Just Mercy, which the New York Times calls "as compelling as To Kill a Mockingbird, and in some ways more so," Bryan Stevenson delves deep into the broken U.S. justice system, detailing from his personal experience his many challenges and efforts as a lawyer and social advocate, especially on behalf of America's most rejected and marginalized people. In this very personal work--proceeds of which will go to charity--Bryan Stevenson recounts many and varied stories of his work as a lawyer in the U.S. criminal justice system on behalf of those in society who have experienced some type of discrimination and/or have been wrongly accused of a crime and who deserve a powerful advocate and due justice under the law. Through the Equal Justice Initiative (EJI), an organization Stevenson founded as a young lawyer and for which he currently serves as Executive Director, this important work continues. EJI strives to end mass incarceration and excessive punishment in the United States, working to protect basic human rights for the most vulnerable people in American society. "A deeply moving collage of true stories . . . .This is required reading." --Kirkus, Starred Review Praise for Just Mercy: A Story of Justice and Redemption: "Important and compelling." --Pulitzer Prize-winning author TRACY KIDDER "Gripping. . . . What hangs in the balance is nothing less than the soul of a great nation." --DESMOND TUTU, Nobel Peace Prize Laureate "An inspiring and powerful story." --#1 New York Times bestselling author JOHN GRISHAM

English private law

Author: Peter Birks
Publisher:
ISBN: 0199243336
Release Date: 2000
Genre: Law

This work has become a key point of reference on English private law for lawyers in the UK and throughout the world. Packed within its 2,000 pages users will find a lucid, concise yet immensely authoritative account of all of the key areas of private law. Each section is written by anacknowledged expert, bringing to bear their experience and understanding to provide a clear distillation and analysis of the relevant subject. The second supplement, included in this set, fully updates the main volumes with all developments affecting English Private Law up to January 2004.

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 9780190696436
Release Date: 2017-09-18
Genre: Law

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Failure to Protect

Author: Eric S. Janus
Publisher: Cornell University Press
ISBN: 9781501731167
Release Date: 2018-07-05
Genre: Law

Most crimes of sexual violence are committed by people known to the victim—acquaintances and family members. Yet politicians and the media overemphasize predatory strangers when legislating against and reporting on sexual violence. In this book, Eric S. Janus goes far beyond sensational headlines to expose the reality of the laws designed to prevent sexual crimes. He shows that "sexual predator" laws, which have intense public and political support, are counterproductive. Janus contends that aggressive measures such as civil commitment and Megan's law, which are designed to restrain sex offenders before they can commit another crime, are bad policy and do little to actually reduce sexual violence. Further, these new laws make use of approaches such as preventive detention and actuarial profiling that violate important principles of liberty. Janus argues that to prevent sexual violence, policymakers must address the deep-seated societal problems that allow it to flourish. In addition to criminal sanctions, he endorses the specific efforts of some advocates, organizations, and social scientists to stop sexual violence by, for example, taking steps to change the attitudes and behaviors of school-age children and adolescents, improving public education, and promoting community treatment and supervision of previous offenders. Janus also warns that the principles underlying the predator laws may be the early harbingers of a "preventive state" in which the government casts wide nets of surveillance and intervenes to curtail liberty before crimes of any type occur. More than a critique of the status quo, this book discusses serious alternatives and how best to overcome the political obstacles to achieving rational policy.