Reputation And Judicial Tactics

Author : Shai Dothan
Publisher : Cambridge University Press
Page : 351 pages
File Size : 41,8 Mb
Release : 2015
Category : Law
ISBN : 9781107031135

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Reputation and Judicial Tactics by Shai Dothan Pdf

This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

Author : Shai Dothan
Publisher : Unknown
Page : 336 pages
File Size : 49,7 Mb
Release : 2015
Category : Courts
ISBN : 1316127796

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Reputation and Judicial Tactics by Shai Dothan Pdf

This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

Author : Walter F. Murphy
Publisher : Quid Pro Books
Page : 256 pages
File Size : 48,5 Mb
Release : 2016-06-01
Category : Law
ISBN : 9781610273541

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Elements of Judicial Strategy by Walter F. Murphy Pdf

Author : Andreas von Staden
Publisher : University of Pennsylvania Press
Page : 349 pages
File Size : 53,8 Mb
Release : 2018-05-02
Category : Law
ISBN : 9780812295153

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Strategies of Compliance with the European Court of Human Rights by Andreas von Staden Pdf

In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.

Author : Pierre Schlag,David M. Skover,David Skover
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 1986
Category : Law
ISBN : STANFORD:36105043914303

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Tactics of Legal Reasoning by Pierre Schlag,David M. Skover,David Skover Pdf

Author : Mark V. Tushnet
Publisher : Univ of North Carolina Press
Page : 244 pages
File Size : 46,8 Mb
Release : 1987
Category : Segregation in education
ISBN : 0807841730

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The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark V. Tushnet Pdf

Mark Tushnet presents the story of the NAACP's legal campaign against segregated schools as a case study in public interest law, which in fact began in the United States with that very campaign.

Author : David J. Mullan
Publisher : Essentials of Canadian Law
Page : 585 pages
File Size : 55,6 Mb
Release : 2001
Category : Law
ISBN : 155221009X

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Administrative Law by David J. Mullan Pdf

Administrative law probably touches each of us as citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with us in a manner that is both lawful and fair. It governs the myriad of relationships that we, as citizens, have with our governments at every turn, from our dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada's leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns.

Author : Brice Dickson
Publisher : Oxford University Press
Page : 431 pages
File Size : 55,8 Mb
Release : 2019-01-17
Category : Law
ISBN : 9780192512468

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The Irish Supreme Court by Brice Dickson Pdf

This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

Author : Radha Jhappan
Publisher : University of Toronto Press
Page : 428 pages
File Size : 54,6 Mb
Release : 2002-01-01
Category : Law
ISBN : 080207667X

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Women's Legal Strategies in Canada by Radha Jhappan Pdf

Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 49,8 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687

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The Hollow Hope by Gerald N. Rosenberg Pdf

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 47,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

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The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Author : Robert C. Worthington
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2015-11
Category : Electronic
ISBN : 0433483849

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Negotiation by Robert C. Worthington Pdf

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 49,7 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 : Carey Gillam
Publisher : Island Press
Page : 354 pages
File Size : 41,9 Mb
Release : 2021-03-02
Category : Social Science
ISBN : 9781642830569

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The Monsanto Papers by Carey Gillam Pdf

Lee Johnson was a man with simple dreams. All he wanted was a steady job and a nice home for his wife and children, something better than the hard life he knew growing up. He never imagined that he would become the face of a David-and-Goliath showdown against one of the world’s most powerful corporate giants. But a workplace accident left Lee doused in a toxic chemical and facing a deadly cancer that turned his life upside down. In 2018, the world watched as Lee was thrust to the forefront of one the most dramatic legal battles in recent history. The Monsanto Papers is the inside story of Lee Johnson’s landmark lawsuit against Monsanto. For Lee, the case was a race against the clock, with doctors predicting he wouldn’t survive long enough to take the witness stand. For the eclectic band of young, ambitious lawyers representing him, it was a matter of professional pride and personal risk, with millions of dollars and hard-earned reputations on the line. For the public at large, the lawsuit presented a question of corporate accountability. With enough money and influence, could a company endanger its customers, hide evidence, manipulate regulators, and get away with it all—for decades? Readers will be astounded by the depth of corruption uncovered, captivated by the shocking twists, and moved by Lee’s quiet determination to see justice served. With gripping narrative force that reads like fiction, The Monsanto Papers takes readers behind the scenes of a grueling legal battle, pulling back the curtain on the frailties of the American court system and the lengths to which lawyers will go to fight corporate wrongdoing.

Author : Ari L. Kaplan
Publisher : West Academic Publishing
Page : 228 pages
File Size : 46,5 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134421580

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Opportunity Maker by Ari L. Kaplan Pdf

Learn proven techniques for empowering your legal career from law school through partnership. Build your personal brand, leverage your creativity and maximize your business development potential by hosting your own television show, starting a charity, getting yourself published and using many other genuine strategies for connecting with people and establishing meaningful professional relationships. Book jacket.