This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

This book addresses the most important judicial aspects in relation to the FIFA Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and everincreasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics. Michele Bernasconi, Attorney-at-law in Zurich, Switzerland, Arbitrator at CAS and President of the Swiss Sports Law Association provided a foreword for the book. Frans M. de Weger is senior legal counsel working for the Dutch Federation of Professional Football Clubs (FBO). In 2015 he was, at the proposal of the European Club Association (ECA), appointed as an arbitrator for the Court of Arbitration for Sport (CAS). As a legal counsel and a CAS arbitrator he is involved in several national and international football-related legal disputes. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval. "Frans de Weger's work on the jurisprudence of the DRC is a "must-have" for anybody dealing with sports law and, in particular, dealing with football issues under the FIFA Regulations on the Status and Transfer of Players." Massimo Coccia Professor of International Law and Attorney-at-Law in Rome and CAS Arbitrator "Where to go when trying to understand the FIFA Regulations on the Status and Transfer of Players? Now Frans de Weger has the answer with his new version of the much-awaited and needed Jurisprudence of the FIFA Dispute Resolution Chamber." Juan de Dios Crespo Perez Sports Lawyer "The second edition of this book, which is systematic and practical at the same time, will surely be of great interest to both specialists active in the world of "football law" and aspiring individuals." Wouter Lambrecht Attorney-at-law, Head of Legal at the European Club Association, FIFA Dispute Resolution Chamber Member and Mediator at the CAS

This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.

Explores the challenges of governing in a post-truth world The relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential reading for our fraught political moment, Truth and Evidence considers the importance of truth in the face of widespread efforts to turn it into yet another tool of political power.

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.

The book is a brief journey through centuries and jurisdictions and expands on examples of enactment practices of states that support, challenge or even reject communication during pending litigations. England, as the main representative of a jurisdiction, suggests communication solutions potentially different than the practice in the United States where litigation communication first time occurred. Accordingly, the author offers a comprehensive analysis and detailed historical narrative of the positions of various jurisdictions in relation to communication in the legal process. As a kind of applied legal history, the book provides an exploration of historical events that were significant in a legal communication context and addresses their implications for modern enactments. The account looks at the history of regulations to allow a better understanding of the strict rules that have often been cited over the years support or restrict communication in the legal process. The author provides the reader with proper contexts on different judicial and communication considerations, as well as the collaboration of legal and public relations experts, in a particular form of crisis and reputation management, in the litigation process. As such, this book is an attempt to present an accurate and thoughtful account of the theory and history of litigation communication, which is directly relevant in various debates such as the work on the meaning and context of the Contempt of Court Act in England or the American First and Sixth Amendments in different centuries.

This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers' expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework's criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.

This volume analyses the historical background of violent international conflicts. Starting with an analysis of the conflict and cooperation structures in post-communist Eastern Europe and the eastern expansion of the European Union, the author discusses the problem of acts of intervention in response to severe human rights violations, taking Kosovo, Libya and in a further text also Darfur, as examples. To analyse the subject of ethnonational autonomy and independence movements, the author presents case studies on Bosnia-Herzegovina, Belgium, Cyprus, on the Kurdish areas of Iraq, Iran, Syria and Turkey, on Israel/Palestine, on China with regard to Tibet and Xinjiang, and on the genocide of the Armenians in the Ottoman Empire. The classic subjects of inter-state security and armament policy include the controversy over the nuclear policies of Iran and North Korea, while the analysis of the changes in Russia's political system focuses on their far-reaching consequences for international politics. This book will appeal to students and scholars of international relations and peace and conflict studies, as well as to practitioners and decision makers in the field of peace politics.

The first three volumes of the World Court Digest cover the periods 1986 to 1990, 1991 to 1995 and 1996 to 2000. We are happy to issue the fourth volume, covering the period from 2001 to 2005. We hope that this new Digest will be welcome to all those interested in the case law of the International Court of Justice. We are, of course, aware that nowadays the decisions of the Court are easily accessible through electronic data systems. However, there is no systematic analysis available in the form presented by the World Court Digest. Therefore, the Digest will be useful for those who wish to find the most recent position of the Court on a particular issue of international law. As the three previous volumes, also this fourth volume will be made available through electronic data on the homepage of the Max Planck Institute for Comparative Public Law and International Law. The first five years of the new century have been a busy period for the Court due to its continuing heavy caseload. The cases concerned a variety of legal issues reaching from the use of force and self-defence to questions of land and maritime boundary delimitation, immunity, consular matters, revision of judgments and the effect of provisional measures. The parties to the cases were States from all parts of the world demonstrating the general acceptance of the Court.

Acclaimed as the "the most objective prosecutors in the world", the German prosecution service has long attracted the attention in the past of comparative law scholars. At first glance, the institutional position and statutory mandate of German prosecutors indicate that that reputation is well-deserved. Unfortunately, the introduction of charge-bargaining has opened the door to criticism that German prosecutors have abandoned their role of objective decision-makers. Using interview data collected from interviews with German prosecutors themselves as well as quantitative data, the book uses the actual voices of German prosecutors to show how real-world constraints, rather than changes in the law, undermine the ability of German prosecutors to objectively seek the truth. The book will take readers behind closed doors where prosecutors discuss case decisions and unveil the realities of practice. As a result, it will critically revise previous studies of German prosecution practices and offer readers a well-researched ethnographic analysis of actual German decision-making practices and the culture of the prosecution service. Unlike prosecutors in America's adversarial system, whom critics claim are driven by a "conviction-mentality" and gamesmanship, German prosecutors are institutionally positioned to function as (at least semi-)judicial officials dedicated to finding a case's objective truth. The book argues that, organizational incentives and norms, rather than the boundaries of the law determinately shapes how prosecutors investigate and prosecute crime in Germany.

Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.

This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency. The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.

In the first comprehensive study of election law since the Supreme Court decided "Bush v. Gore," Richard L. Hasen rethinks the Court's role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court's intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.

The Supreme Court does have a crucial role to play in protecting a socially constructed "core" of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court's most important election law cases from Baker to Bush have been wrongly decided.

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Read the Foreword.

"This thoughtful book will appeal to readers across the political spectrum."
--"Harvard Law Review"

"An invaluable source . . . for anyone interested in navigating the judiciary's politics."
--"National Journal"

"The Myth of the Imperial Judiciary makes a formidable argument that conservatives indeed have an unrealistic conception of the Supreme Court."
--"Austin American Statesman"

"Kozlowski marshals history to show that not only was a strong and active judiciary intended by the Founding Fathers, but also that it has served the nation extremely well."
--"Chicago Sun-Times"

"Kozlowski effectively demonstrates that courts have far less power to operate as free agents than many believe."
--"Law and Politics Book Review"

"Kozlowski marshals history to show that not only was a strong and active judiciary intended by the Founding Fathers, it has served the nation extremely well. . . . A fine piece of scholarship."
--"Washington Post"

"How many minds his book will change on a subject so charged with emotion remainds dubious, but the points Mr. Kozlowski makes so expertly cannot in fairness be ignored."
--"New York Law Journal"

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today's intensely ideological assault is nearly unprecedented.

Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the "imperial judiciary." American conservatives contend not onlythat judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity.

The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly "unrealistic" conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders' intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals.

Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker's methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand's claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter's idea of modest objectivity in law.

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'etre of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

This volume focuses on several theoretical topics in world politics and analyzes prominent cases of global conflicts and their potential peaceful resolution. It covers issues such as the multiplication of nation states in the era of globalization, failed peace policy concepts in the 20th century, and the question of who was to blame for the outbreak of the Great War. The author discusses three influential patterns of interpretation of international relations and global events: the conviction that war is eternally rooted in human nature and history, the renewed interest in geopolitical thought and the theory of a clash between the predominantly religious-based civilizations. Finally, individual conflicts, such as the rebellion in several Arab countries, the potential war of intervention against Iran, the Indo-Pakistani-Chinese entanglement in the disputes over Kashmir and the present war in Ukraine are examined in detail.

This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview of the major approaches to confidentiality adopted in various jurisdictions. It goes on to examine the duties of confidentiality and privacy in arbitration law and practice on the basis of interviews with 30 law professors and practitioners who often act as arbitrators or counsel for parties in arbitral disputes together with the relevant Egyptian arbitration law provisions. The book takes into account the relevant provisions in the arbitration laws of Syria, Saudia Arabia and Yemen. It moves on to explore the relation between arbitration and the judicial system, and the extent to which the former should borrow its rules from the latter with regard to publicity and the rule of public trial. Finally, this book looks at the right to privacy as (a) a constitutional right, as a potential basis for a legal duty of confidentiality in arbitration, and the duties stemming from this constitutional right in the various laws of Egypt, as well as (b) the constraints imposed on the right to privacy, in particular those stemming from the constitutional principles of freedom of speech and freedom of the press. The main conclusion is that confidentiality does indeed exist in arbitration. However, its legal basis is not the law on arbitration or the arbitration agreement. It is in fact a corollary of the fundamental right to privacy granted in the Egyptian legal system to both natural and legal persons.

This book explores how the lower federal court appointment process became vastly politicized in the modern era. Scherer develops a theory of "elite mobilization," positing that lower court appointments have always been used by politicians for electoral purposes, but because of two historic changes to American institutions in the 1950s and 1960s-the breakdown of the old party system, and a federal judiciary reception to expanding individuals' constitutional rights-politicians shifted from an appointment system dominated by patronage to a system dominated by new policy-oriented appointment strategies. The use of these new strategies not only resulted in partisan warfare during the nomination and confirmation stages of the appointment process, but also led to party-polarized voting in the lower federal courts. Employing exclusive data of judicial decision-making from the New Deal era through the present, Scherer demonstrates that there was little party-polarized voting in the lower federal courts until the late 1960s, and that once politicians began to use elite mobilization strategies, significant party-polarized voting in the lower federal courts resulted. Accordingly, elite mobilization strategies have affected not only politics in Washington, but also the way justice is distributed across the country.

The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically. Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman's insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court's institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people's faith in the Court.