Commitment And Cooperation On High Courts

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 42,9 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Author : Benjamin Alarie,Andrew James Green
Publisher : Unknown
Page : 327 pages
File Size : 49,8 Mb
Release : 2017
Category : LAW
ISBN : 0199397619

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew James Green Pdf

"This book is about how the design of a high court influences how judges decide appeals. It is comforting and convenient to believe the "rule of law" dictates how a judge on a high court will decide crucial issues ranging from the death penalty and national security to regulation of banks or railways. However, we argue that how a court is designed can make a fundamental difference in who wins a particular case and how the law develops."--Page [xiii].

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 42,8 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780199397600

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 49,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 45,8 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Justin B. Richland
Publisher : University of Chicago Press
Page : 245 pages
File Size : 51,6 Mb
Release : 2021-09-06
Category : Law
ISBN : 9780226608761

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Cooperation Without Submission by Justin B. Richland Pdf

"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 44,6 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Author : Anonim
Publisher : CHRI
Page : 169 pages
File Size : 53,5 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 9788188205455

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Easier Said than Done -- A report on commitments and performances of the Commonwealth members of the UN Human Rights Council (2007) by Anonim Pdf

Author : Arizona. Supreme Court
Publisher : Unknown
Page : 908 pages
File Size : 54,6 Mb
Release : 1995
Category : Law reports, digests, etc
ISBN : UCAL:B4971672

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Report of Cases Argued and Determined in the Supreme Court and the Court of Appeals of the State of Arizona by Arizona. Supreme Court Pdf

Author : Carsten Stahn
Publisher : OUP Oxford
Page : 840 pages
File Size : 50,7 Mb
Release : 2015-05-28
Category : Law
ISBN : 9780191015281

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The Law and Practice of the International Criminal Court by Carsten Stahn Pdf

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

Author : David Chan Smith
Publisher : Cambridge University Press
Page : 311 pages
File Size : 43,7 Mb
Release : 2014-11-06
Category : History
ISBN : 9781316148105

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Sir Edward Coke and the Reformation of the Laws by David Chan Smith Pdf

Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.

Author : Linda Low,Tar Choon Aw
Publisher : Cavendish Square Publishing
Page : 480 pages
File Size : 46,9 Mb
Release : 2004
Category : Business & Economics
ISBN : UCSD:31822034176586

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Social Insecurity in the New Millennium by Linda Low,Tar Choon Aw Pdf

The Central Provident Fund (CPF), which used to work for Singapore as a distinctive national social security and welfare protection scheme, has come up against a myriad of challenges in a world more volatile, uncertain, disruptive and risky than it was at the time of its inception. Without some form of redistribution, the CPF model has become inadequate in the provision of social welfare safety and protection. The aim of the book is to review the origin and evolution of the CPF and the role it plays in both the social security and political economy of Singapore. The authors maintain that the CPF is still a cornerstone in the growth and development of Singapore, and that even though it is past its "golden age," the next page in its history can still be illustrious.

Author : T. T. Arvind
Publisher : Oxford University Press
Page : 635 pages
File Size : 54,5 Mb
Release : 2022-07-15
Category : Electronic
ISBN : 9780198867777

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Contract Law by T. T. Arvind Pdf

Students often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos

Author : Ara Norenzayan
Publisher : Princeton University Press
Page : 264 pages
File Size : 46,5 Mb
Release : 2015-08-25
Category : Psychology
ISBN : 9780691169743

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Big Gods by Ara Norenzayan Pdf

Examines how the belief in gods has lead to cooperation and sometimes conflict between groups. The author also looks at how some cooperative societies have developed without belief in gods.

Author : Olympia Bekou,Daley Birkett
Publisher : BRILL
Page : 447 pages
File Size : 47,9 Mb
Release : 2016-05-19
Category : Law
ISBN : 9789004304475

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Cooperation and the International Criminal Court by Olympia Bekou,Daley Birkett Pdf

In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.