Since the fall of the Soviet Union, the methods of dispute resolution in Central and Eastern Europe have changed dramatically. No longer intended to serve a monolithic state, courts and arbitration institutions have adapted to permit the resolution of commercial disputes that now arise. This volume offers a view of the function of courts and arbitration in these regions. Using the resources of the International Bar Association, the text provides separate reports on litigation and arbitration by experts in Russia, Hungary, Poland, and the Czech Republic, plus additional chapters on Slovakia, Slovenia, and Estonia. The practical text sets out the relevant material in a straightforward manner and also provides comparisons. Numerous appendices should aid its usefulness as a resource.

An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White. The White Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Edward Douglass White. Through detailed discussions of landmark cases, this reference work explores the role the Court played in steering the country through an era of economic growth, racial discrimination, and international warfare. The White Court reveals how the Court established its greatest legacy, the "rule of reason," in antitrust cases against the American Tobacco Company and Standard Oil, and how it resolved controversies concerning the expansion of executive power during wartime. Individual profiles of the 13 White Court justices describe their rise to prominence and controversies surrounding their nominations, their work on the Court, judicial philosophies, important decisions, and overall impact. A-Z entries on key people, laws, cases, events, and concepts such as Oliver Wendell Holmes, Hipolite Egg Co. v. United States, and Standard Oil of New Jersey v. United States Appendix with excerpts from primary documents of key cases decided during the White Court tenure

A valuable analysis of the political environment, judicial records, and implications of rulings during the era of the Burger Court. The Burger Court delivered significant decisions in cases involving the separation of powers, equal protection, free speech, and civil liberties. The Burger Court guaranteed in Roe v. Wade a woman's right to an abortion, demonstrating that this court definitely had a mind of its own. This handbook is as suitable for the preparation of term papers and debates as it is for ready reference and more involved research. Includes extensive reference materials such as further reading and bibliographical sections directing users to primary sources and Court documents Covers key people such as Archibald Cox and Gerald Ford, laws such as the Equal Rights Amendment and the Voting Rights Act, and events such as the Iranian Hostage Crisis and the Watergate Scandal

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"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 examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

This book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.

Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and Owa Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. The thirty years of the legal life of Lord Slynn of Hadley (Gordon Slynn as he is known to his friends) have seen remarkable developments and changes in the legal scenery, both domestic (British), and international. This book, by his friends, extends widely. Recollect that there is a separate volume covering the European Court of Justice, and yet there is enough in this publication to celebrate several separate careers. The reader will note that there are contributions from justices of eight Supreme Courts, plus the German Constitutional Court, the Conseil Constitutionel and the European Court of Human Rights, from ten universities, many of them multiple, together with famous institutions and individuals in many different fields. Even Lord Slynn's young lecturer interest in Air Law is reflected by a professional paper on the Law of Space. Many, if not most, of the contributions bear, appropriately, on the question of the role of courts in reviewing actions of the legislature and the executive, but there are also articles to attract other diverse specialists, several, no doubt to Lord Slynn's pleasure, provocative and forward-looking. Lord Slynn is happily still in office, so this is really a "Festschrift" of celebration.

Koshner explores the increase in interest group participation before the U.S. Supreme Court. Since 1953, when less than 13 percent of the Court's full opinion cases were accompanied by friend of the court briefs, there has been a steady increase in interest group litigation. By the 1993 term, interest groups participated in 92 percent of the cases brought before the Supreme Court. While asking whether the rise in interest group activity in this supposedly independent arena should concern us, Koshner attempts to solve the fascinating political puzzle of this tremendous growth. He begins with the growth of interest group participation and asks, quite simply, why? In answering this question, Koshner draws on a series of studies that focus primarily on individual groups and their litigation decisions. He then uses them to explore the macro-level trends that pervade the relationship between the Supreme Court and interest groups. In particular, Koshner studies the roles of four important groups: the Court, Congress, the executive branch, and the interest groups themselves. Within each, he finds a series of changes or shifts in policy that begins to answer the puzzle, and examines his conclusions within the context of First Amendment church-state cases. Students, scholars, and other researchers dealing with contemporary public law issues will find this work of particular value.

This is the first in-depth analysis of the Rehnquist Court viewed as a functional entity. Well known for his work in constitutional law, Stanley Friedelbaum analyzes leading cases and rigorously examines the Court's full opinions. He reviews the interaction between the Justices and points to the patterns of the Court as a new centralist coalition comes to control critical policymaking relating to abortion, the right to die, affirmative action, reverse discrimination, and privacy interests. A table of important cases and a bibliography enhance this short study for general readers and for students in introductory constitutional law courses and in advanced courses in judicial politics and American government.

Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts, this volume offers a comprehensive examination of the role of U.S. magistrates--the relatively invisible subordinate judicial officers within the federal district courts. The study is unique in its use of an observation methodology: the author was able to study U.S. magistrates during all of their daily activities and observe their interactions with other actors in the federal judiciary. Particularly valuable are its insights into such functions as pretrial conferences, meetings with litigants, and other situations normally beyond the purview of scholars and the public. The author focuses throughout on both the development of the magistrates' varied roles and their consequences for the federal judicial system.

After examining magistrates' roles within several representative courts in detail, the author analyzes the factors which influence the development of these diverse roles and identifies the specific effects--both planned and unplanned--that the subordinate judicial officers have upon the court system. Smith refutes a commonly held view that district judges control the definition of magistrates' roles and concludes that in some cases, especially with regard to the coercion of litigants, the magistrate systeM's effects cannot be seen to be completely beneficial. In addition, the book contains an in-depth study of the appointment process for magistrates complete with a case history of the merit selection committee process. The author documents the influence of district judges over the merit selection process, adding concrete support to scholarly arguments about the inherently political nature of judicial selection.

Gets straight to the point and offers clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost confidence. The leading competitors are much longer books and are becoming too large and unwieldy for single-semester first-year level courses. Packed full of illustrative examples, flowcharts and activities and unlike competing books, this is presented in an innovative, visual format, ideal for those with visual learning preferences This edition has been heavily updated, with a new chapter on Legal Ethics, improved and updated MCQs as well as guidance on how to use them, information on how the new SQE works and how law schools have responded to it, and new material on the effects of Brexit and the Covid-19 pandemic on the English Legal System.

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book's easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

He reviled the rich for their cupidity and they found his rhetoric repulsive. Plebians believed him their champion and patricians knew he was their bete noire, remarks Halford Ryan in his eloquent foreword to this definitive survey of Clarence DarroW's development as orator and unique American myth. As a writer, lecturer, debater, and trial lawyer Darrow spoke for the have-nots and cultivated an image of mythic proportions as the underdog's advocate. Many of the more than 2,000 trials in which he was active reflected the major social and philosophical issues of the last quarter of the nineteenth and first third of the twentieth centuries in America. Read today, DarroW's speeches still ring true both as political statements and as models of persuasive pleading and pathos--reason enough to study the work of this uncommon advocate who stood perpetually opposed to the great and powerful of the earth. Richard J. Jensen has written a clearsighted volume that documents how Darrow created and then enlarged his personal myth through speeches, writings, and actions. Each chapter focuses on particular segments of that creation. Half of the book consists of authoritative texts of several of DarroW's most influential and rhetorically brilliant speeches, and a speech chronology simplifies the work of researchers.

The study opens with a brief biography, an overview of DarroW's rhetoric, along with the forces that affected it, and some initial comments on the elements that make up the myth. The next chapter, Schoolmaster of the Courtroom, chronicles the origins of DarroW's image as a defender of the downtrodden and his early trials in defense of labor unions and their leaders. What is considered to be one of the most famous speeches in American legal history, that given by Darrow at the conclusion of the 1924 Leopold and Loeb trial, is the focus of Chapter Three. Chapter Four centers on the Scopes Trial, perhaps the most famous trial in recent American history, during which the dramatic confrontation with William Jennings Bryan occurred. The penultimate chapter explains the arguments Darrow used to defend the poor, radicals, Blacks, and other less fortunate members of society. Finally, DarroW's rhetoric as a writer and as an active speaker and debater on the lecture circuit is examined. Part II contains the authoritative texts of seven speeches including those given during the Leopold and Loeb Trial and the Scopes Trial, among others. The Chronology of Speeches, Bibliography, and Index close the volume. The speeches along with Jensen's intelligent, readable analysis and criticism will be an important resource for those teaching and studying Legal Rhetoric and the History of Public Address.

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia's OFDR system is that it deals with children's issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required - for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.

This book demonstrates the use of the personal computer as an integral component of legal decision making. Nagel begins with an overview of the use of microcomputers as a tool in the legal decision-making process. He reviews in detail the currently available decision-aiding software. Several important areas of decision-making are covered, including predicting the outcome of future cases in light of previous relevant cases and present facts; litigation choices such as whether to go to trial or to settle; allocating attorney resources; and negotiating and mediating. The book can help one's law practice more profitable, less time-consuming, and more competitive.

There are more than 600 Federal district judges serving today, and they decide some 230,000 civil cases each year. About 90% of the decisions they reach are final. Lyles argues that these lower court judges not only influence the flow of information to the judicial hierarchy, but they formulate questions that influence how higher courts, including the Supreme Court, respond. As such they are key elements in the formulation and implementation of public policy. To cite a few examples, they desegregate school districts, run mental institutions and prisons, break up monopolies, and reapportion legislatures. Lyles begins by examining the structure and function of federal courts and detailing the history, operation, and purpose of the district courts. He then turns to the selection, nomination, and appointment of district judges. Lyles then analyzes the extent to which presidents might advance policy objectives through their judicial appointments to the district courts. After examining how African-American, Latino, and white judges, male and female, view their roles as policy actors, Lyles concludes with a discussion of the implications of the study. Important for students and scholars of contemporary public policy and the court system.

This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.

Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, "A republic, if you can keep it." Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent-illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court's decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.