The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrinedthe jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one ofthe traditional and essential rights of all free men. Judgment by an "impartial jury" would henceforth put citizen panels at thevery heart of the American legal order. And yet at the dawn of the twenty-first century, juries resolve just two percent of the nation'slegal cases and critics warn that the jury is "vanishing" from both the criminal and civil courts. The jury's critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury's defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is "good and true" and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and sogo to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trialsfor what they can tell us about what a jury is, and about the fate of republican government in America today.

"Worth a read for anyone who cares about making change happen."-Barack Obama A powerful new blueprint for how governments and nonprofits can harness the power of digital technology to help solve the most serious problems of the twenty-first century As the speed and complexity of the world increases, governments and nonprofit organizations need new ways to effectively tackle the critical challenges of our time-from pandemics and global warming to social media warfare. In Power to the Public, Tara Dawson McGuinness and Hana Schank describe a revolutionary new approach-public interest technology-that has the potential to transform the way governments and nonprofits around the world solve problems. Through inspiring stories about successful projects ranging from a texting service for teenagers in crisis to a streamlined foster care system, the authors show how public interest technology can make the delivery of services to the public more effective and efficient. At its heart, public interest technology means putting users at the center of the policymaking process, using data and metrics in a smart way, and running small experiments and pilot programs before scaling up. And while this approach may well involve the innovative use of digital technology, technology alone is no panacea-and some of the best solutions may even be decidedly low-tech. Clear-eyed yet profoundly optimistic, Power to the Public presents a powerful blueprint for how government and nonprofits can help solve society's most serious problems.

Since the mid-1970s, Congress has passed hundreds of overrides-laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes-and court cases interpreting them-often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

Justice Lewis F. Powell, Jr. is an absorbing and readable biography of one of the most important Supreme Court Justices since World War II.

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice.
The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Since 1979, China has been building new legal institutions made necessary by economic reforms that have reduced the role of state planning, and by the decline of Maoist totalitarianism. This book analyzes the principal legal institutions that have emerged and assesses the prospects for increasing the rule of law in China.
The book first establishes the cultural and institutional context in which legal reforms take place. It traces the main features of pre-Communist Chinese legal tradition, the drastic impact on law of thirty years of Maoist rule, and the extensive changes throughout Chinese society since Mao's death, notably the rise of the local party-state at the expense of central government power. The book's analysis begins with the Chinese leadership's policy toward law, identifying basic ambivalence toward law that makes the Chinese commitment to legality incomplete. It then surveys major developments, emphasizing the creation of new rights, revision of criminal law and procedure, and construction of a nascent administrative law.
The book then examines in detail dispute resolution by extrajudicial mediation and the courts. Although mediation is no longer infused with Maoism, it is still used as an instrument to maintain public order. The study of the courts examines court organization, the selection and training of judges, the rise of litigation, the critical influence of localism, and ongoing conflicts between professionalism and a continuing tendency to view the judge as a soldier of the state. The author suggests that the limited role that Chinese courts are today permitted to play combines with the organization of the judicial process and the mentality of the judiciary to make Chinese adjudication more akin to bureaucratic decision making than judging in the West.
How should the accomplishments of legal reform and the continuing obstacles to further reform affect U.S. policy toward China? The book concludes by appraising implications for U.S. policy on such issues as human rights, Chinese involvement with the World Trade Organization, and bilateral relations generally. The author argues that U.S. policy makers must neither moralize about the rule of law nor dismiss it as a concept alien to China. They must also curb both optimism and expectations that legal reform will lead to political reform. Chinese law can only grow slowly, no matter how urgently the West may desire quick progress.

The chance of being claimed against is now a major risk factor for every building designer, engineer, quantity surveyor and project manager. Apart from the cases that go to court, many other claims are settled before they reach that stage. The cost of insurance to meet claims is now a substantial component of every practice's overheads. Sensible risk management can identify the potential sources of claims, reduce their likelihood, warn of impending trouble and control how the claim is to be defended.

This book explains how to plan a risk management strategy and suggests techniques that can supplement the practice's existing management procedures without imposing unnecessary bureaucracy. It attaches as much importance to the interaction of risk between members of the design team as to the risk profile of the practice itself.

The first part defines risk and its origins, discusses how risk can arise in the various professions and types of practice, and how it interacts between the professions, compares quality assurance with risk management, and advises on the relations between the practice, its insurers and its lawyers. It concludes with advice on how to create a risk strategy and system for the office.

The second part is devoted to techniques and covers: setting up the appointment; creation of the team; managing the project; the risks of CDM; the complications of procurement; and drafting, awarding and administering the building contract. Risk implications of the major contract forms are discussed in detail. It concludes with advice on the handling of claims.

The book contains references to a number of legal cases to illustrate the risks discussed. It is recommended reading not only for the individual professions (architect, engineer, QS, project manger), but for all of them collectively in understanding how the risk of one profession can become the risk of any of his fellow team members.

Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents for commoners and elites alike. Litigation masters--a broad category of legal facilitators ranging from professional plaintmasters to simple but literate men to whom people turned for assistance--emerge in this study as central players in many of the most scandalous cases in eighteenth- and nineteenth-century China. These cases reveal the power of scandal to shape entire categories of law in the popular and official imaginations.
The author characterizes litigation masters as entrepreneurs of power, intermediaries who typically emerge in the process of limited state expansion to provide links between local interests and the infrastructure of the state. These powermongers routinely acted in the interests of the local elite and the male lineage. But cases preserved in criminal archives also reveal a clientele surprisingly composed of the subordinate actors in legal disputes--widows fighting in-laws and other men, debtors contesting creditors, younger brothers disputing older ones, and common people charging the rich. Challenging earlier scholarship claiming that the Chinese legal system simply maintained the hegemony of elites and the patriarchal order, this study shows how the legal tools of domination were often transformed into weapons of social resistance and revenge.
The book also examines the manifold ways in which legal practice, Confucian ideology, and popular entertainments like opera and storytelling coalesced into Chinese legal culture. Popular traditions in particular did not simply reflect legal culture but actively influenced it, shaping common presumptions about law that transcended differences of class and region. Exploring Chinese legal culture in the structural contexts of commercialization, changes in property transactions, and ineradicable litigation backlogs, the author explains why litigation was condemned by all classes of Chinese men and women even as all classes litigated.

The International Court of Justice (ICJ) signature series includes all of the decisions taken by the International Court in 2019. ICJ Reports 2019 includes two hard-bound volumes with a comprehensive index. Seventy-two reports have been published to date, the first being ICJ Reports 1947-1948 and the last ICJ Reports 2019

A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice.
The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Despite growing scholarly interest in the EU's flagship policy towards its Eastern and Southern neighbours, serious attempts at theory-building on the European Neighbourhood Policy (ENP) have been largely absent from the academic debate. This book aims at contributing to fill this research gap in a three-fold manner: first and foremost it aims at theorizing the ENP as such, explaining the origins, development and effectiveness of this policy. Building on this effort, it also pursues the broader objective of addressing certain shortcomings in EU external relations theory, and even beyond, in International Relations theory. Finally, it aspires to provide new insights for European policy-makers. It is one of the first volumes to provide different theoretical perspectives on the ENP by revisiting and building bridges between mainstream and critical theories, stimulating academic and policy debates and thus setting a novel, less EU-centric research agenda. This text will be of key interest to scholars, students and practitioners in EU external relations, EU foreign policy, the European Neighbourhood Policy, and more broadly in European Union Politics and International Relations.

For some time it has become clear that traditional methods of solving site disputes are breaking down and recourse to the courts is becoming standard practice. 1991 was the year the ADR - alternative disputes resolution - was brought to the attention of the construction industry in an attempt to reduce the amount of litigation and arbitration that bedevils it. This book brings together over 40 expert papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered: Alternative Dispute Resolution (ADR); conflict management; claims procedures; litigation and arbitration; international construction; education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors this book represents a multi-disciplinary body of knowledge on construction conflict and seeks to provide a unique source of reference for both legal and construction professionals.

Exploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series. The close links between the Scots and English law in the Middle Ages have long been recognised. This text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Ragime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Ragime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Ragime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

This case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Ragime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

The chapters in this book cover the first year of devolution in the UK, bringing together the fruits of a major five-year research programme organised by the Constitution Unit at UCL. The programme comprises 11 research projects, underpinned by a regular series of monitoring reports, written by teams of experts in Scotland, Wales, and Northern Ireland. As a volume of record this book is an essential up-to-date text for courses in constitutional law or the UK political system.

The book is written by the leading experts in the field, but in a highly accessible and readable style. It contains a mine of information not published elsewhere, with all the relevant facts and figures. And it brings out the dynamics of devolution:
-- the asymmetry and instability of the devolution 'settlement'
-- the tensions which have emerged in Wales and Northern Ireland
-- the growing demand at Westminster for 'English votes on English laws'
-- the new machinery created by Whitehall to manage devolution from the centre
-- changes in public attitudes and national identity.

The chapters cover Scotland, Wales, Northern Ireland, the English regions, intergovernmental relations, Westminster, public attitudes to devolution and the London assembly. This is a unique contemporary record describing all the main developments during the first year of devolution, and the stresses and the strains which are starting to emerge.

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Ragime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

Any legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B).Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs regime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

Renmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China.This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of the CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance. This discerning and comprehensive study will appeal to scholars of Chinese law, society and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China. Contributors: Z. Cheng, H. Deming, Y. Dengfeng, W. Dezhi, L. Dong, W. Guangrong, Y. Haifang, T. Hongjie, X. Jianguo, Z. Jianwei, T. Jieyin, W. Jun, X. Ke, S. Lihong, L. Renwen, M. Xiaying, S. Yahui, P. Yue, C. Yutong, L. Zhong