Download or read book Reforming the Civil Justice System written by Larry Kramer and published by NYU Press. This book was released on 1996-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from an October 1993 conference chart recent changes in US courts and the judicial system and suggest reforms for the problems these changes present. Sections survey pre-trial and the dynamics of settlement, trial and the role of science in the courts, and post-trial and the need to control jury decision making. Discussion includes areas such as settlement incentives, guiding jurors in valuing pain and suffering damages, and the treatment of scientific evidence after Daubert v. Merrell Dow. For judges, lawyers, and other law professionals. Annotation copyright by Book News, Inc., Portland, OR

Download or read book The Reform of Civil Justice written by Stephen Clark and published by . This book was released on 2018 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reforming Civil Procedure written by Dominic De Saulles and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.

Download or read book English Civil Justice after the Woolf and Jackson Reforms written by John Sorabji and published by Cambridge University Press. This book was released on 2014-06-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.

Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

Download or read book Rethinking Case Management and the Process of Civil Justice Reform written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the wide acknowledgment that the American civil justice system has room for improvement in both its fairness and its efficiency, there is not really a culture of experimentation and incremental reform. Yet the case for reform is strong. Around 30 judges, scholars, and other observers of the civil justice system gathered in Santa Monica, California, in November 2021 for the UCLA-RAND Center for Law and Public Policy-sponsored "Rethinking Civil Case Management" conference to discuss how and whether the American civil justice system might develop a stronger culture of experimentation and reform. The focus was on case management-how judges can institute methods and procedures to shape and channel litigation-but more-general issues of civil justice reform regularly surfaced. This publication summarizes the discussions and presents four pieces of scholarship presented during the conference. The participants brought diverse views to the conference, but there was a palpable consensus that a stronger culture of experimentation and reform was a worthwhile and attainable goal. The key to such efforts, it was generally agreed, is close collaboration between teams of judges and scholars to identify worthy innovations to study, to develop good data sources (that can, preferably, be widely shared), to use methodologies that are in some way experimental rather than just observational, and to "evangelize" results. Strong working relationships between judges and scholars make it more likely that judges will seriously pursue the goals of particular reforms and that scholars will correctly understand and interpret the data they are gathering.

Download or read book Reforming Civil Justice Systems written by Adrian A.S. Zuckerman and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil justice reform efforts in industrial countries face common problems in increasing access to justice and reducing costs and delays. A recent survey examined problems with and reforms of civil justice in 3 common law nations and 10 civil law countries. All reported that the economic interests of the legal profession explain many of the costs and delays in litigation and that overcoming these interests is difficult. Both civil and common law countries are resorting to greater judicial control of litigation process to control lawyers and their clients. There is the appearance of a new theory of civil procedure: the resources devoted to resolving a dispute should be proportionate to the interests involved and that systemwide resources should be allocated fairly across all disputes.

Download or read book Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia Comparative Analyses and Case Studies written by Yin, Elijah Tukwariba and published by IGI Global. This book was released on 2021-06-18 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by . This book was released on 1995 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong

Download or read book Access to Justice written by and published by . This book was released on 1995 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State Civil Justice Reform written by Richard A. Bandstra and published by . This book was released on 1994 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Download or read book Justice Matters written by Roberta R. Katz and published by . This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Download or read book Civil Justice Reconsidered written by Steven P. Croley and published by NYU Press. This book was released on 2017-08-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Download or read book The Civil Justice System written by and published by . This book was released on 1995 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: