Civil Justice Reconsidered

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Civil Justice Reconsidered

Author : Steven P. Croley
Publisher : NYU Press
Page : 304 pages
File Size : 40,9 Mb
Release : 2017-08-22
Category : Law
ISBN : 9781479811977

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Civil Justice Reconsidered by Steven P. Croley Pdf

Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States. Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Ex Parte Milligan Reconsidered

Author : Stewart L. Winger,Jonathan W. White
Publisher : University Press of Kansas
Page : 386 pages
File Size : 44,6 Mb
Release : 2020-04-16
Category : Political Science
ISBN : 9780700629367

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Ex Parte Milligan Reconsidered by Stewart L. Winger,Jonathan W. White Pdf

At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.

European Consumer Access to Justice Revisited

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 55,5 Mb
Release : 2015
Category : Law
ISBN : 9781107072374

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European Consumer Access to Justice Revisited by Stefan Wrbka Pdf

This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

Reconsidering Reparations

Author : Olúfhemi O. Táíwò
Publisher : Oxford University Press
Page : 281 pages
File Size : 43,5 Mb
Release : 2022
Category : LAW
ISBN : 9780197508893

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Reconsidering Reparations by Olúfhemi O. Táíwò Pdf

"Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--

Iran Reconsidered

Author : Suzanne Maloney
Publisher : Geopolitics in the 21st Centur
Page : 270 pages
File Size : 53,5 Mb
Release : 2021-01-26
Category : Political Science
ISBN : 0815728247

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Iran Reconsidered by Suzanne Maloney Pdf

The Islamic Republic has been struggling to reform itself for 25 years and each time the experiment has gone awry. Iran's revolutionary theocracy has evolved, but the most problematic aspects of its ideology and institutions have managed to endure since 1979. Can the Iran Nuclear Deal, an agreement crafted through intense dialogue with an old adversary, alter the essence of the Islamic Republic and its turbulent relationship with the world? In Iran Reconsidered: The Nuclear Deal and the Quest for a New Moderation Suzanne Maloney argues that the nature of the Islamic Republic amplifies the threat posed by its nuclear ambitions and animates the most tenacious opponents of the deal. For that reason, the fierce debate that has erupted in Washington over the deal hinges on the prognosis for Iran's future.

Reconsidering Policy

Author : Crowley, Kate,Stewart, Jenny,Adrian Kay,Brian W. Head
Publisher : Policy Press
Page : 256 pages
File Size : 53,7 Mb
Release : 2021-08-11
Category : Political Science
ISBN : 9781447333166

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Reconsidering Policy by Crowley, Kate,Stewart, Jenny,Adrian Kay,Brian W. Head Pdf

For nation-states, the contexts for developing and implementing policy have become more complex and demanding. Yet policy studies have not fully responded to the challenges and opportunities represented by these developments. Governance literature has drawn attention to a globalising and network-based policy world, but politics and the role of the state have been de-emphasised. This book addresses this imbalance by reconsidering traditional policy-analytic concepts, and re-developing and extending new ones, in a melded approach defined as systemic institutionalism. This links policy with governance and the state and suggests how real-world issues might be substantively addressed.

Victims of Justice Revisited

Author : Thomas Frisbie,Randy Garrett
Publisher : Northwestern University Press
Page : 457 pages
File Size : 54,5 Mb
Release : 2005-05-04
Category : Law
ISBN : 9780810122369

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Victims of Justice Revisited by Thomas Frisbie,Randy Garrett Pdf

"The kidnapping of Jeanine Nicarico from her quiet suburban home in Naperville, Illinois, and her brutal slaying sparked a public demand for justice. But as events unfolded in the authorities' long battle to execute Cruz and bring the other men to justice, evidence emerged that the defendants were innocent - and that the death penalty process in America was deeply flawed. This case began a chain reaction that led to a moratorium on the death penalty in Illinois and the clearing out of death row when George Ryan, then governor of Illinois, granted clemency to all those awaiting execution.".

Environmental Governance Reconsidered, second edition

Author : Robert F. Durant,Daniel J. Fiorino,Rosemary O'Leary
Publisher : MIT Press
Page : 545 pages
File Size : 42,8 Mb
Release : 2017-06-30
Category : Political Science
ISBN : 9780262533317

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Environmental Governance Reconsidered, second edition by Robert F. Durant,Daniel J. Fiorino,Rosemary O'Leary Pdf

Key topics in the ongoing evolution of environmental governance, with new and updated material. This survey of current issues and controversies in environmental policy and management is unique in its thematic mix, broad coverage of key debates, and in-depth analysis. The contributing authors, all distinguished scholars or practitioners, offer a comprehensive examination of key topics in the continuing evolution of environmental governance, with perspectives from public policy, public administration, political science, international relations, sustainability theory, environmental economics, risk analysis, and democratic theory. The second edition of this popular reader has been thoroughly revised, with updated coverage and new topics. The emphasis has shifted from sustainability to include sustainable cities, from domestic civic environmentalism to global civil society, and from global interdependence to the evolution of institutions of global environmental governance. A general focus on devolution of authority in the United States has been sharpened to address the specifics of contested federalism and fracking, and the treatment of flexibility now explores the specifics of regulatory innovation and change. New chapters join original topics such as environmental justice and collaboration and conflict resolution to address highly salient and timely topics: energy security; risk assessment, communication, and technology innovation; regulation-by-revelation; and retrospective regulatory analysis. The topics are organized and integrated by the book's “3R” framework: reconceptualizing governance to reflect ecological risks and interdependencies better, reconnecting with stakeholders, and reframing administrative rationality. Extensive cross-references pull the chapters together. A broad reference list enables readers to pursue topics further. Contributors Regina S. Axelrod, Robert F. Durant, Kirk Emerson, Daniel J. Fiorino, Anne J. Kantel, David M. Konisky, Michael E. Kraft, Jennifer Kuzma, Richard Morgenstern, Tina Nabatchi, Rosemary O'Leary, Barry Rabe, Walter A. Rosenbaum, Stacy D. VanDeveer, Paul Wapner

President Grant Reconsidered

Author : Frank J. Scaturro
Publisher : Unknown
Page : 156 pages
File Size : 49,9 Mb
Release : 1999
Category : Presidents
ISBN : 1568331320

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President Grant Reconsidered by Frank J. Scaturro Pdf

President Grant Reconsidered shatters myths about America's 18th president.

Reconsidering Roosevelt on Race

Author : Kevin J. McMahon
Publisher : University of Chicago Press
Page : 320 pages
File Size : 41,8 Mb
Release : 2004
Category : Biography & Autobiography
ISBN : 0226500861

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Reconsidering Roosevelt on Race by Kevin J. McMahon Pdf

Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education. McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author : Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson
Publisher : BRILL
Page : 436 pages
File Size : 55,6 Mb
Release : 2011-06-09
Category : Law
ISBN : 9789004215917

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Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited by Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson Pdf

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

Establishment of Military Justice, Hearings ..., on S. 64 ..., 1919

Author : United States. Congress. Senate. Committee on Military Affairs
Publisher : Unknown
Page : 1582 pages
File Size : 44,7 Mb
Release : 1919
Category : Military law
ISBN : STANFORD:36105045525891

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Establishment of Military Justice, Hearings ..., on S. 64 ..., 1919 by United States. Congress. Senate. Committee on Military Affairs Pdf

The Law of Peoples

Author : John Rawls
Publisher : Harvard University Press
Page : 208 pages
File Size : 45,9 Mb
Release : 2001-03-02
Category : Philosophy
ISBN : 9780674266568

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The Law of Peoples by John Rawls Pdf

This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).

The Rights Revolution Revisited

Author : Lynda G. Dodd
Publisher : Cambridge University Press
Page : 399 pages
File Size : 46,5 Mb
Release : 2018-01-25
Category : Law
ISBN : 9781107164734

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The Rights Revolution Revisited by Lynda G. Dodd Pdf

Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes.

Psychedelic Drugs Reconsidered

Author : Lester Grinspoon,James B. Bakalar
Publisher : Bookworld Services
Page : 385 pages
File Size : 45,8 Mb
Release : 1997
Category : Hallucinogenic drugs
ISBN : 0964156857

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Psychedelic Drugs Reconsidered by Lester Grinspoon,James B. Bakalar Pdf

First published in 1979, Psychedelic Drugs Reconsidered is regarded by many as the most comprehensive, accurate, and accessible analysis of psychedelic drugs for the general reader. It records the extensive history of scientific research on, and societal experience with, psychedelic drugs. The Lindesmith Center reprint edition features a new introduction by the authors on recent developments in psychedelic research, as well as a preface by Dr. Ethan Nadelmann, director of the Lindesmith center.