The Remaking Of The Courts

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The Remaking of the Courts

Dr Sarah Murray
The Remaking of the Courts Book PDF

Author : Dr Sarah Murray
Publisher : Federation Press
Page : 320 pages
File Size : 43,5 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781760020217

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The Remaking of the Courts by Dr Sarah Murray Pdf

The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.

Young Thurgood

Larry S. Gibson
Young Thurgood Book PDF

Author : Larry S. Gibson
Publisher : Prometheus Books
Page : 484 pages
File Size : 52,8 Mb
Release : 2012-12-04
Category : Biography & Autobiography
ISBN : 9781616145729

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Young Thurgood by Larry S. Gibson Pdf

Like the movie Marshall, this book--the only biography of Thurgood Marshall to be endorsed by Marshall’s immediate family--focuses on his early civil rights struggles and successes before Brown v. Board of Education. Thurgood Marshall was the most important American lawyer of the twentieth century. He transformed the nation's legal landscape by challenging the racial segregation that had relegated millions to second-class citizenship. He won twenty-nine of thirty-three cases before the United States Supreme Court, was a federal appeals court judge, served as the US solicitor general, and, for twenty-four years, sat on the Supreme Court. Marshall is best known for achievements after he relocated to New York in 1936 to work for the NAACP. But Marshall's personality, attitudes, priorities, and work habits had crystallized during earlier years in Maryland. This work is the first close examination of the formative period in Marshall's life. As the author shows, Thurgood Marshall was a fascinating man of contrasts. He fought for racial justice without becoming a racist. Simultaneously idealistic and pragmatic, Marshall was a passionate advocate, yet he maintained friendly relationships with his opponents. Young Thurgood reveals how Marshall's distinctive traits were molded by events, people, and circumstances early in his life. Professor Gibson presents fresh information about Marshall's family, youth, and education. He describes Marshall's key mentors, the special impact of his high school and college competitive debating, his struggles to establish a law practice during the Great Depression, and his first civil rights cases. The author sheds new light on the NAACP and its first lawsuits in the campaign that led to the 1954 Brown v. Board of Education school desegregation decision. He also corrects some of the often-repeated stories about Marshall that are inaccurate. The only biography of Thurgood Marshall to be endorsed by Marshall’s immediate family, Young Thurgood is an exhaustively researched and engagingly written work that everyone interested in law, civil rights, American history, and biography will want to read.

Telling it to the Judge

Arthur J. Ray
Telling it to the Judge Book PDF

Author : Arthur J. Ray
Publisher : McGill-Queen's Press - MQUP
Page : 304 pages
File Size : 43,9 Mb
Release : 2011-10-17
Category : Social Science
ISBN : 9780773586482

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Telling it to the Judge by Arthur J. Ray Pdf

Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.

Executive Decision-Making and the Courts

TT Arvind,Richard Kirkham,Daithí Mac Síthigh,Lindsay Stirton
Executive Decision Making and the Courts Book PDF

Author : TT Arvind,Richard Kirkham,Daithí Mac Síthigh,Lindsay Stirton
Publisher : Bloomsbury Publishing
Page : 576 pages
File Size : 40,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509930357

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Executive Decision-Making and the Courts by TT Arvind,Richard Kirkham,Daithí Mac Síthigh,Lindsay Stirton Pdf

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

Attitudinal Decision Making in the Supreme Court of Canada

C. L. Ostberg,Matthew E. Wetstein
Attitudinal Decision Making in the Supreme Court of Canada Book PDF

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 48,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841313

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Attitudinal Decision Making in the Supreme Court of Canada by C. L. Ostberg,Matthew E. Wetstein Pdf

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Final Appeal

Ian Greene
Final Appeal Book PDF

Author : Ian Greene
Publisher : James Lorimer & Company
Page : 266 pages
File Size : 52,7 Mb
Release : 1998
Category : Law
ISBN : 1550285645

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Final Appeal by Ian Greene Pdf

Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.

Judicial Settlement of International Disputes

Edward McWhinney
Judicial Settlement of International Disputes Book PDF

Author : Edward McWhinney
Publisher : BRILL
Page : 209 pages
File Size : 54,7 Mb
Release : 2023-11-27
Category : Business & Economics
ISBN : 9789004640726

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Judicial Settlement of International Disputes by Edward McWhinney Pdf

The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.

The International Criminal Court

Roy S. K. Lee
The International Criminal Court Book PDF

Author : Roy S. K. Lee
Publisher : Martinus Nijhoff Publishers
Page : 698 pages
File Size : 53,6 Mb
Release : 1999-09-06
Category : Political Science
ISBN : 904111212X

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The International Criminal Court by Roy S. K. Lee Pdf

Law, Roy S. Lee.

Queen's Court

Nancy Maveety
Queen s Court Book PDF

Author : Nancy Maveety
Publisher : Unknown
Page : 216 pages
File Size : 40,5 Mb
Release : 2008
Category : Biography & Autobiography
ISBN : STANFORD:36105131726890

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Queen's Court by Nancy Maveety Pdf

The first book to challenge the conventional wisdom that Sandra Day O'Connor was an influential member of the Rehnquist Court simply by default of her centrist views. Shows that her impact and influence went far beyond the "swing vote," and that it truly was "O'Connor's Court" more so than Rehnquist's.

The Constrained Court

Michael A. Bailey,Forrest Maltzman
The Constrained Court Book PDF

Author : Michael A. Bailey,Forrest Maltzman
Publisher : Princeton University Press
Page : 216 pages
File Size : 54,5 Mb
Release : 2011-08-22
Category : Law
ISBN : 9781400840267

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The Constrained Court by Michael A. Bailey,Forrest Maltzman Pdf

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Judicial Policy Making and the Modern State

Malcolm M. Feeley,Edward L. Rubin
Judicial Policy Making and the Modern State Book PDF

Author : Malcolm M. Feeley,Edward L. Rubin
Publisher : Cambridge University Press
Page : 516 pages
File Size : 49,7 Mb
Release : 2000-03-28
Category : Law
ISBN : 0521777348

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Judicial Policy Making and the Modern State by Malcolm M. Feeley,Edward L. Rubin Pdf

Investigates the role of federal judges in prison reform, and policy making in general.

Learning to Rule

Daniel Barish
Learning to Rule Book PDF

Author : Daniel Barish
Publisher : Columbia University Press
Page : 164 pages
File Size : 51,5 Mb
Release : 2022-02-08
Category : History
ISBN : 9780231554961

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Learning to Rule by Daniel Barish Pdf

In the second half of the nineteenth century, local leaders around the Qing empire attempted to rebuild in the aftermath of domestic rebellion and imperialist aggression. At the same time, the enthronement of a series of children brought the question of reconstruction into the heart of the capital. Chinese scholars, Manchu and Mongolian officials, and writers in the press all competed to have their ideas included in the education of young rulers. Each group hoped to use the power of the emperor—both his functional role within the bureaucracy and his symbolic role as an exemplar for the people—to promote reform. Daniel Barish explores debates surrounding the education of the final three Qing emperors, showing how imperial curricula became proxy battles for divergent visions of how to restabilize the country. He sheds light on the efforts of rival figures, who drew on China’s dynastic history, Manchu traditions, and the statecraft tools of imperial powers as they sought to remake the state. Barish traces how court education reflected arguments over the introduction of Western learning, the fate of the Manchu Way, the place of women in society, notions of constitutionalism, and emergent conceptions of national identity. He emphasizes how changing ideas of education intersected with a push for a renewed imperial center and national unity, helping create a model of rulership for postimperial regimes. Through the lens of the education of young emperors, Learning to Rule develops a new understanding of the late Qing era and the relationship between the monarchy and the nation in modern China.

Civil Appeals

Michael Burton
Civil Appeals Book PDF

Author : Michael Burton
Publisher : Xpl Pub
Page : 600 pages
File Size : 55,6 Mb
Release : 2011-12-01
Category : Law
ISBN : 1858113792

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Civil Appeals by Michael Burton Pdf

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

Consequential Courts

Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan
Consequential Courts Book PDF

Author : Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan
Publisher : Cambridge University Press
Page : 453 pages
File Size : 44,9 Mb
Release : 2013-04-08
Category : Law
ISBN : 9781107067530

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Consequential Courts by Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan Pdf

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

These Estimable Courts

Damon M. Cann,Jeff Yates
These Estimable Courts Book PDF

Author : Damon M. Cann,Jeff Yates
Publisher : Oxford University Press
Page : 184 pages
File Size : 48,8 Mb
Release : 2016-02-17
Category : Political Science
ISBN : 9780190614164

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These Estimable Courts by Damon M. Cann,Jeff Yates Pdf

In These Estimable Courts, Damon M. Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America - our nation's state and local courts. The book's central focus concerns a primary question of governance: why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens' support for their state and local courts and that influence peoples' perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made. A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed. These Estimable Courts takes advantage of new original survey data to evaluate citizens' beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples' views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens' views regarding compliance with the law and legal institutions.