Download or read book Disqualification for Bias written by John Tarrant and published by . This book was released on 2012 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Recusal written by R Grant Hammond and published by Bloomsbury Publishing. This book was released on 2009-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Download or read book Judicial Conduct and Ethics written by Charles Gardner Geyh and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Blinding as a Solution to Bias written by Christopher T Robertson and published by Academic Press. This book was released on 2016-01-30 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: What information should jurors have during court proceedings to render a just decision? Should politicians know who is donating money to their campaigns? Will scientists draw biased conclusions about drug efficacy when they know more about the patient or study population? The potential for bias in decision-making by physicians, lawyers, politicians, and scientists has been recognized for hundreds of years and drawn attention from media and scholars seeking to understand the role that conflicts of interests and other psychological processes play. However, commonly proposed solutions to biased decision-making, such as transparency (disclosing conflicts) or exclusion (avoiding conflicts) do not directly solve the underlying problem of bias and may have unintended consequences. Robertson and Kesselheim bring together a renowned group of interdisciplinary scholars to consider another way to reduce the risk of biased decision-making: blinding. What are the advantages and limitations of blinding? How can we quantify the biases in unblinded research? Can we develop new ways to blind decision-makers? What are the ethical problems with withholding information from decision-makers in the course of blinding? How can blinding be adapted to legal and scientific procedures and in institutions not previously open to this approach? Fundamentally, these sorts of questions—about who needs to know what—open new doors of inquiry for the design of scientific research studies, regulatory institutions, and courts. The volume surveys the theory, practice, and future of blinding, drawing upon leading authors with a diverse range of methodologies and areas of expertise, including forensic sciences, medicine, law, philosophy, economics, psychology, sociology, and statistics. - Introduces readers to the primary policy issue this book seeks to address: biased decision-making. - Provides a focus on blinding as a solution to bias, which has applicability in many domains. - Traces the development of blinding as a solution to bias, and explores the different ways blinding has been employed. - Includes case studies to explore particular uses of blinding for statisticians, radiologists, and fingerprint examiners, and whether the jurors and judges who rely upon them will value and understand blinding.
Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Judicial Conduct Handbook written by David M. Rothman and published by . This book was released on 2017 with total page 971 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Twenty Million Angry Men written by James M. Binnall and published by University of California Press. This book was released on 2021-02-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Massachusetts Criminal Practice written by Eric D. Blumenson and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Massachusetts Criminal Practice Abridged Clinical--Student Edition is written by Eric Blumenson, Professor of Law at Suffolk University Law School.
Download or read book Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2015-07-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
