Equality Before The Law Bench Book

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Equality Before the Law Bench Book

Author : Linda Daniele
Publisher : Unknown
Page : 299 pages
File Size : 50,7 Mb
Release : 2006
Category : Equality before the law
ISBN : 0731356128

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Equality Before the Law Bench Book by Linda Daniele Pdf

Equality Before the Law Bench Book

Author : Department of the Attorney General
Publisher : Unknown
Page : 500 pages
File Size : 44,8 Mb
Release : 2009
Category : Electronic
ISBN : 0980739500

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Equality Before the Law Bench Book by Department of the Attorney General Pdf

Civil Trials Bench Book

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2007
Category : Civil procedure
ISBN : OCLC:225572333

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Civil Trials Bench Book by Anonim Pdf

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Equality Before the Law

Author : Michael P Foran
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 54,9 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509964949

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Equality Before the Law by Michael P Foran Pdf

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

Brian Dickson

Author : Robert J. Sharpe,Kent Roach
Publisher : University of Toronto Press
Page : 642 pages
File Size : 48,7 Mb
Release : 2003-12-15
Category : Biography & Autobiography
ISBN : 9781442659209

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Brian Dickson by Robert J. Sharpe,Kent Roach Pdf

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern. Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

Race on Trial

Author : Barrington Walker
Publisher : University of Toronto Press
Page : 281 pages
File Size : 42,6 Mb
Release : 2011-07-01
Category : Law
ISBN : 9780802096104

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Race on Trial by Barrington Walker Pdf

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 41,9 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.

Aboriginal Benchbook for Western Australian Courts

Author : Stephanie Fryer-Smith
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 2008
Category : Aboriginal Australians
ISBN : OCLC:271654022

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Aboriginal Benchbook for Western Australian Courts by Stephanie Fryer-Smith Pdf

Supreme Inequality

Author : Adam Cohen
Publisher : Penguin
Page : 448 pages
File Size : 47,7 Mb
Release : 2020-02-25
Category : Political Science
ISBN : 9780735221512

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Supreme Inequality by Adam Cohen Pdf

“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

Democracy and Equality

Author : Geoffrey R. Stone,David A. Strauss
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 43,9 Mb
Release : 2020-01-06
Category : LAW
ISBN : 9780190938208

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Democracy and Equality by Geoffrey R. Stone,David A. Strauss Pdf

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Judicial Integrity

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 49,8 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.

Ruth Bader Ginsburg

Author : Jane Sherron de Hart
Publisher : Vintage
Page : 752 pages
File Size : 42,6 Mb
Release : 2018-10-16
Category : Biography & Autobiography
ISBN : 9780525521594

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Ruth Bader Ginsburg by Jane Sherron de Hart Pdf

NATIONAL BESTSELLER “A vivid account of a remarkable life.” —The Washington Post In this comprehensive, revelatory biography—fifteen years of interviews and research in the making—historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg’s passion for justice, her advocacy for gender equality, and her meticulous jurisprudence. At the heart of her story and abiding beliefs is her Jewish background, specifically the concept of tikkun olam, the Hebrew injunction to “repair the world,” with its profound meaning for a young girl who grew up during the Holocaust and World War II. Ruth’s journey begins with her mother, who died tragically young but whose intellect inspired her daughter’s feminism. It stretches from Ruth’s days as a baton twirler at Brooklyn’s James Madison High School to Cornell University to Harvard and Columbia Law Schools; to becoming one of the first female law professors in the country and having to fight for equal pay and hide her second pregnancy to avoid losing her job; to becoming the director of the ACLU’s Women’s Rights Project and arguing momentous anti-sex discrimination cases before the U.S. Supreme Court. All this, even before being nominated in 1993 to become the second woman on the Court, where her crucial decisions and dissents are still making history. Intimately, personably told, this biography offers unprecedented insight into a pioneering life and legal career whose profound mark on American jurisprudence, American society, and our American character and spirit will reverberate deep into the twenty-first century and beyond. REVISED AND UPDATED WITH A NEW AFTERWORD

Inherently Unequal

Author : Lawrence Goldstone
Publisher : Unknown
Page : 252 pages
File Size : 42,6 Mb
Release : 2020-05-17
Category : Electronic
ISBN : 9798644725427

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Inherently Unequal by Lawrence Goldstone Pdf

...A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era.In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to define the Jim Crow era.

Justice Deferred

Author : Orville Vernon Burton,Armand Derfner
Publisher : Harvard University Press
Page : 465 pages
File Size : 42,7 Mb
Release : 2021-05-04
Category : Law
ISBN : 9780674975644

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Justice Deferred by Orville Vernon Burton,Armand Derfner Pdf

In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

Sentencing Bench Book

Author : Judicial Commission of New South Wales
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2006
Category : Sentences (Criminal procedure)
ISBN : 0731356136

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Sentencing Bench Book by Judicial Commission of New South Wales Pdf

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.