Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 1999-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.

Download or read book The Crisis in America s Criminal Courts written by William R. Kelly and published by Applied Criminology across the Globe. This book was released on 2023-11-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. Much of the dysfunction originates from crushing dockets and caseloads combined with the lack of time, expertise, and resources for effective decision-making.

Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Download or read book The Judicial Power of the Purse written by Nancy Staudt and published by University of Chicago Press. This book was released on 2011-05 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

Download or read book The Patent Crisis and How the Courts Can Solve It written by Dan L. Burk and published by ReadHowYouWant.com. This book was released on 2010-10-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...

Download or read book Guilty Until Proven Innocent written by Jon Robins and published by Biteback Publishing. This book was released on 2018-05-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the 'bad old days' of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain's legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.

Download or read book Law in a Time of Crisis written by Jonathan Sumption and published by Profile Books. This book was released on 2021-03-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.

Download or read book The Lower Criminal Courts written by Alisa Smith and published by Routledge. This book was released on 2019-05-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores misdemeanor courts in the United States by focusing on the processing of misdemeanor crimes and the resultant consequences of conviction, such as loss of employment and housing, the imposition of significant fines, and loss of liberty—all amounting to the criminalization of poverty that happens in many U.S. misdemeanor courts. A major concern is the lack of due process employed in lower courts. Although the seminal case of Gideon v. Wainwright required the appointment of counsel to individuals too poor to hire counsel in felony cases, it was not until 1967, when the President’s Commission on Law Enforcement and Administration of Justice found a crisis in the lower courts, that the Supreme Court extended the right to counsel to some (though not all) prosecutions of misdemeanor offenses. The first step to improving our understanding of the lower courts is a concerted effort by scholars to focus on the processing and outcomes of misdemeanor cases. This collection begins to fill the void by providing a comprehensive review of the scholarly work on the lower courts in the United States. Collecting analysis from key academics engaged in work in this area today, the book reviews the varying specialized lower criminal courts, including specialty courts that have emerged in just the last couple of decades, along with discussions of the history, legal challenges, operation, primary actors (judges, prosecutors, defense counsel, and defendants), and current research on these courts. The book explores the profound consequences misdemeanor processing has for defendants and discusses the future of the lower criminal courts and offers best practices to improve them. The Lower Criminal Courts is essential for scholars and undergraduate and graduate students in criminology, sociology, justice studies, pre-law/legal studies, political science, and social work, and it is also useful as a resource providing legal practitioners with important information, highlighting the significance of consequences of misdemeanor arrests, detentions, and adjudications.

Download or read book Taking Problem Solving Courts to Scale written by Eileen M. Ahlin and published by Rowman & Littlefield. This book was released on 2021-04-30 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.

Download or read book Virtual Court Pilot Outcome Evaluation electronic Resource written by and published by . This book was released on 2010 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Download or read book International Judicial Review written by Shai Dothan and published by Cambridge University Press. This book was released on 2020-03-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

Download or read book Rebuilding Justice written by Rebecca Love Kourlis and published by Chicago Review Press - Fulcrum. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Institute for the Advancement of the American Legal System."

Download or read book Review of the Criminal Courts of England and Wales written by Robin Auld and published by Stationery Office Books (TSO). This book was released on 2001 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the purpose, structure and working of the criminal courts in the criminal justice system. In particular it considers: re-structuring and improving the composition of the criminal courts and the better matching of courts to cases; introducing a new structure for direction and better management of the criminal justice system; removing work from the criminal process that should not be there; improving preparation for trial and trial procedures and reform of the law of criminal evidence; simplification of the appellate structure. In proposing change attention is paid to the law of human rights and the potential of information technology to re-shape practices. However a central concern is the need to enhance public confidence in the whole system.

Download or read book The Criminalization of Mental Illness written by Risdon N. Slate and published by . This book was released on 2021 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For a myriad of reasons the criminal justice system has become the de facto mental health system in the United States. The third edition of The Criminalization of Mental Illness thoroughly explains these reasons, and describes in detail specialized law enforcement responses to people with mental illness (PWMI), mental health courts, jails and prison conditions, and discharge planning for this group. The third edition also includes examples of crises involving PWMI that end up driving policy, examines how therapeutic jurisprudence can be utilized to improve responses to PWMI and to ameliorate the inhumane and costly recycling of PWMI through the criminal justice system, and provides insight from criminal justice practitioners, in their own words, about the challenges both PWMI and practitioners face in the system and efforts to overcome them. This edition also examines the tension throughout the system when attempting to balance public safety and civil liberties. The concept of defunding the police and the impact of the Affordable Care Act on PWMI are considered as well"--