This book provides the first in-depth analysis of a wide variety of legal problems and policy issues that directly involve the judiciary, together with a discussion of the historical context of these issues and their current implications. The methods of nominating, appointing, and electing justices, and the provisions and prohibitions governing judicial compensation, are first examined. Grounds for judicial disqualification are presented, and the regulation of political activity on the part of judges and judicial candidates is considered. Three chapters relating to judicial discipline deal with removal and other disciplinary actions, as well as the criminal and civil liability of judges. The authors focus on both the grounds for imposing discipline and the various methods employed to evaluate and punish alleged misconduct.

This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question "Who is the owner of trust property in China?" Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.

The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf's statement from the 90's, that "IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...."

At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.

This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy.

The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.

After its failure to bring an end to the Balkan wars of the 1990s, the European Union has worked hard to close the infamous 'capabilities-expectations gap' in the field of the European Security and Defence Policy (ESDP). In a very short timeframe, the EU agreed to the following: the institution of new political and military bodies; peculiar structures and procedures to ensure political guidance and strategic direction; principles for consultation and cooperation with non-European allies and other international organisations such as the UN and NATO; measures to enhance the Union's military and civilian capabilities; and the adoption of an acquis securitaire, including a European Security Strategy. The most striking manifestation and raison d'etre of the ESDP is the European Union's capacity to move beyond the paper security structures and back its diplomatic efforts by action on the ground. With the launching of more than twenty ESDP operations in barely five years' time, the EU has affirmed its operational capacity in ESDP. While most of the early ESDP missions were fairly successful, they have also revealed shortfalls, bottlenecks as well as broader issues in crisis management. In this book, prominent academics and leading practitioners explore this wide variety of policy and legal aspects of ESDP and present the lessons which should be taken to heart now that the EU is facing its 'maturity test' as an international crisis manager in high-risk theatres around the world. The book will be an important tool for decision-makers, officials and academics involved in the further development of ESDP. Its contents incorporate the text and potential effects of the Lisbon Treaty and the ECJ's judgment in the Small and Light Weapons/ECOWAS case. Dr Steven Blockmans is a Senior Research Fellow in EU law and Deputy Head of Research at the T.M.C. Asser Instituut, The Hague.

Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury's verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It's said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans-renowned scholars of the jury system-place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.

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 publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

This book investigates how a North African solar thermal power plant can be set up under the guidance of European investors (e.g. the Desertec Concept) as a Public Private Partnership (PPP). It outlines the importance of early awareness of contract-related risks, investment risks and dispute settlement, arguing that commercial and investment arbitration are the best tools for settling disputes regarding a large-scale solar thermal project. Furthermore, by comparing institutional and ad hoc arbitration, it shows that the former offers highly suitable support. The latest developments in the area of investment arbitration under EU law and the general acceptance of arbitration in Islamic countries are examined in particular. This book also demonstrates that a solar thermal power plant must meet certain requirements to be considered an investment. These requirements are examined in relation to Art. 25 of the International Centre for Settlement of Investment Disputes Convention (ICSID Convention) and respective case law. Overall, the book offers valuable guidelines for investors and host states on how to successfully implement large-scale solar thermal projects.

Prized by practitioners since the first edition appeared in 1998, "Dispute Resolution in Asia" provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution.

Things are not always as they appear, as Cyril Wecht shows in this behind-the-scenes look at nine famous murder cases. Drawing on police reports, deopsitions, trial testimony, and autopsy reports, he raises important issues and offers fresh perspectives on each case.

These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.

This book positions inquiries into the historical abuse of children in care within the context of transitional justice. It examines investigation, apology and redress processes across a range of Western nations to trace the growth of the movement, national particularities and the impact of the work on professionals involved.

In this second edition of Samir Saleh's major work on commercial arbitration in the Arab Middle East, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated the book so that it offers a fully modern account of domestic commercial arbitration practice, with an international dimension, under the sharia and in Syria, Lebanon and Egypt. The first part of the book, dealing with sharia, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country. For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history-cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history-the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade-have gone against mainstream opinion. By contrast, the most successful decisions-from Marbury v. Madison to Brown v. Board of Education-have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.

A fascinating exploration of the first two Supreme Courts and how they laid the groundwork for the modern-day Court. When the Supreme Court was established in 1789, no other country had a judicial body quite like it. The early justices struggled to give definition to such concepts as "judicial review" and "separation of powers." The early court approached its role in ways that would be startling today, often using its power to support the new government rather than merely serving as an independent arbiter. The Jay-Ellsworth Courts were the first to take up the role of interpreting the constitution, and their approach influenced constitutional debates for the next two centuries. Clearly, this is a book for any reader who wishes to understand how the court was initially set up and how it functioned in our early judicial history. Biographies of key justices such as Oliver Ellsworth, John Marshall, and John Jay Background reference section containing A-Z entries on the people, such as George Washington and John Adams; laws and constitutional provisions, including the First Judiciary Act and Article III; and concepts, such as "judicial review" and "separation of powers," that are important to an understanding of the Jay and Ellsworth Courts

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.

An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

In the United States, lawyers are very much accountable for their actions--or nonactions. When they represent a client, they have a legal obligation to act professionally, responsibly, and ethically. Unfortunately, all too many lawyers do not live up to these established standards. If you have been victimized by your attorney, legal recourse is available. "How & When to Sue Your Lawyer was designed to help you protect yourself from the effects of legal malpractice. Written in plain English, "How & When to Sue Your Lawyer spells out what you need to know to take appropriate legal action against your attorney. The first part of the book begins by explaining the American Bar Association's categories of malpractice--substantive, administrative, client relations, and intentional wrongs. It next details the "model rules" of professional responsibilities established by both national and state bars. Finally, it discusses the all-important differences between guidelines and actual laws set by legal precedent. The second part of the book explains the steps you must take to establish a solid case against your attorney. From developing the facts to gathering the hard evidence to proving the allegation, it's all here. If you feel that you have lost a case because of your counsel's mismanagement or incompetence, or if you have been taken advantage of financially or sexually by your attorney, "How & When to Sue Your Lawyer will help you gain satisfaction, compensation, and justice.

Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a "negative synergy" that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts--ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

Arbitrations involving more than two parties and complex multicontractual issues represent more than one third of international arbitration cases, and this proportion increases every year. The difficult and specific issues raised by such arbitrations have been the object of abundant case law, derived from both arbitral tribunals and national courts, as well as doctrinal writings. This thorough and up-to-date guide to this area of practice - the first and only such guide available - provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; whether an arbitration clause may be extended to non-signatories; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; whether a respondent can join other defendants to the arbitration, be they privy to the arbitration agreement or third parties; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; and under what conditions separate arbitration proceedings may be consolidated. It also analyses: how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; appointment of arbitrators when the various parties to the dispute have divergent interests; res judicata, and in particular whether an arbitral tribunal should take into consideration an arbitral award rendered in a connected arbitration arising from the same project; and enforcement of multiparty-multicontract awards. The author proposes concrete solutions to these problems, and also offers the first analysis of the special issues raised by the latest development in international arbitration, class actions. Features of particular value to the practitioner include in-depth analysis of more than a hundred and twenty ad hoc and institutional awards rendered under the auspices of the ICC and other institutions; analysis of relevant national case law based on nearly 200 court decisions from the United States, France, Switzerland, England, Australia, Canada, Belgium and other countries; and appendices specifying multiparty-multicontract arbitration clauses, provisions of international conventions, national legislations and institutional rules, and institutional rules on class arbitrations. Corporate counsel, international arbitrators, and lawyers having to deal with multiparty-multicontract disputes will find this book of immeasurable value in their day-to-day work. Law professors and students of dispute resolution have here a unique consideration of an increasingly salient aspect of current international practice.