Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

A meticulous and exhaustive accounting of the total economic devastation wreaked on Black communities by mass incarceration with an action guide for vital reparations. Stolen Wealth, Hidden Power is a staggering account of the destruction wrought by mass incarceration. Finding that the economic value of the damages to Black individuals, families, and communities totals $7.16 trillion-roughly 86 percent of the current Black-White wealth gap-this compelling and exhaustive analysis puts unprecedented empirical heft behind an urgent call for reparations. Much of the damage of mass incarceration, Tasseli McKay finds, has been silently absorbed by families and communities of the incarcerated-where it is often compensated for by women's invisible labor. Four decades of state-sponsored violence have destroyed the health, economic potential, and political power of Black Americans across generations. Grounded in principles of transitional justice that have guided other nations in moving past eras of state violence, Stolen Wealth, Hidden Power presents a comprehensive framework for how to begin intensive individual and institutional reparations. The extent of mass incarceration's racialized harms, estimated here with new rigor and scope, points to the urgency of this work and the possibilities that lie beyond it.

"Written for a general audience. . . . Excellent. . . . If enough American judges and law professors read his book, some of the silly rules that he criticizes will be discarded."
"--Judge Richard A. Posner, Times Literary Supplement"

"A beautifully written, finely nuanced work, a marvelous comparative constitutional study of criminal procedure that seeks to understand the larger culture."
"--Lawrence Fleischer, New York Law Journal"

"In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. . . . An important book."
"--Publishers Weekly"

"Pizzi is certainly convincing in his argument that the American trial system is in dire need of overhaul. "
--"Law Society Journal," July 2002 Rodney King. Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulingsaoften with perverse resultsathe American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world.

William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence.

How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed todegenerate into one so profoundly flawed?

Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice systemaand a prescription for how it can be fixed.

Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.

For more than a century, in settings where the political branches of government were unable or unwilling to exercise self-restraint, the Supreme Court was disposed to treat federal war powers legislation as exempt from judicial review, an attitude that permitted numerous abuses from Prohibition to press censorship.

Though the First World War officially ended in 1918, the Senate's rejection of the Versailles Treaty kept the United States in a legal state of war until late 1921. Exploring the interplay between political and social events and the evolution of legal theory Christopher May tells how during this challenging three-year period, the government invoked the war powers to pursue ends otherwise beyond its reach: with the backing of Congress and seemingly free from judicial scrutiny, the Wilson administration took over the country's rail and communications systems, outlawed profiteering, prosecuted strikers, suppressed "radicals' and censored the leftist press. None of these measures bore any true relation to the war, says the author, who then describes the course through which the Supreme Court, confronted by this pattern of abuse, finally abandoned its long-standing refusal to review the constitutionality of war powers legislation.

"In the Name of War" explores the roles played by Woodrow Wilson, Joseph Tumulty, Albert Burleson, and A. Mitchell Palmer--men whose personal ambitions frequently shaped official policy in the late Progressive Era. After analyzing the Court's more recent record, including the internment of Japanese-Americans in World War II, May draws some practical conclusions about the use of judicial intervention in time of crisis that are sure to attract the attention of lawyers, legal scholars, historians, and students of the Constitution.

The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.

Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings.

In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it.

In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures.

The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform.

The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside.

This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

Goldfarb argues persuasively for cameras in the courtroom, O.J. notwithstanding. He is aware of the problems but believes strongly that the more open a courtroom, the more open and free our society. The challenge, which he describes so well, is to balance the new demanding technology against our traditional dedication to democracy.
"-- Marvin Kalb, Director, Shorenstein Center on the Press, Politics, and Public Policy, Harvard University."

A tour de force, a one-stop repositiory of the history, facts, and the law of the matter. I plan to plagiarize from it shamelessly. This is an important subject, and Goldfarb's book provides the first comprehensive, in-depth study of the issue.
"-- Fred Graham, Chief Anchor and Managing Editor, Court TV"

Going beyond the ovious controversies of recent years, Goldfarb surveys the role of television in courtrooms with cool but crisp detachement. He brings historical context, legal analysis, and rich experience to bear on the issue, concluding that courts are public institutions that do not belong exclusively to the judges and lawyers who run them. His persuasive argument for greater openness is bound to influence future debate on the topic.
"-- Sanford J. Ungar, Dean, School of Communication, American University"

In the last quarter century, televised court proceedings have gonefrom an outlandish idea to a seemingly inevitable reality. Yet, debate continues to rage over the dangers and benefits to the justice system of cameras in the courtroom. Critics contend television transforms the temple of justice into crass theatre. Supporters maintain that silent cameras portray "the real thing," that without them judicial reality isinevitably filtered through the mind and pens of a finite pool of reporters.

Television in a courtroom is clearly a two-edged sword, both invasive and informative. Bringing a trial to the widest possible audience creates pressures and temptations for all participants. While it reduces speculations and fears about what transpired, television sometimes forces the general public, which possesses information the jury may not have, into a conflicting assessment of specific cases and the justice system in general.

TV or Not TV argues convincingly that society gains much more than it loses when trials are open to public scrutiny and discussion.

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue the goals of civil justice the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems."

Full of fascinating material on many aspects of the intersection of politics and law. . . . The contributions achieve a laudable consistency of quality and readability. . . . [A] real asset for the insight it provides into the configurations and interplay of judicial and other institutions in 14 diverse societies.
"--The Law and Politics Book Review"

A benchmark for future study in a growing field of political inquiry.
--Choice

An enormously rich and varied collection of essays. Must' reading for current students of the judicial process.
--Harry P. Stumpf, University of New Mexico

The Global Expansion of Judicial Power, so ably and perceptively compiled and edited, is a welcome addition indeed. It assesses and analyses trenchantly and sophisticatedly a cascading development that is as significant and fascinating as it is controversial and durational. A major contribution.
--Henry J. Abraham, James Hart Professor of Government and Foreign Affairs, University of Virginia

An enormously rich and varied collection of essays. . . . must' reading for current students of the judicial process.
--Harry P. Stumpf, University of New Mexico

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participantsin ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution.
This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium.
In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.
As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.

This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China. A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system. The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.

The number of books and articles dealing with various aspects of World War II has increased at a phenomenal rate since the end of the hostilities. Perhaps no other chapter in this bloodiest of all wars has received as much attention as the Holo caust. The Nazis' program for the "Final Solution of the Jewish Question" - this ideologically conceived, diabolical plan for the physicalliquidation of European Jewry - has emerged as a subject of agonizing and intense interest to laypersons and scholars alike. The centrality of the Holocaust in the study of the Third Reich and the Nazi phenomenon is almost universally recognized. The source materials for many of the books published during the immediate postwar period were the notes and diaries kept by many camp and ghetto dwellers, who were sustained during their unbelievable ordeal by the unusual drive to bear witness. These were supplemented after the liberation by a large number of personal narratives collected from survivors alI over Europe. Understandably, the books published shortly after the war ended were mainly martyrological and lachrymological, reflecting the trauma of the Holocaust at the personal, individual level. These were soon followed by a considerable number of books dealing with the moral and religious questions revolving around the role ofthe lay and spiritual leaders of the doomed Jewish communities, especially those involved in the Jewish Councils, as well as God' s responsibility toward the "chosen people."

Winner of the Julia Ward Howe Prize "The gripping story of the most important environmental law case ever decided by the U.S. Supreme Court. Richard Lazarus's compelling narrative is enlivened by colorful characters, a canny dissection of courtroom strategy, and a case where the stakes are, literally, as big as the world." -Scott Turow, author of Presumed Innocent When the Supreme Court announced its ruling in Massachusetts v. EPA, the decision was immediately hailed as a landmark. But this was the farthest thing from anyone's mind when Joe Mendelson, an idealistic lawyer working on a shoestring budget for an environmental organization no one had heard of, decided to press his quixotic case. In October 1999, Mendelson hand-delivered a petition to the Environmental Protection Agency asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act had authorized the EPA to regulate "any air pollutant" that could reasonably be anticipated to endanger public health. But could something as ordinary as carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? Environmentalists urged Mendelson to stand down. Thinking of his young daughters and determined to fight climate change, he pressed on-and brought Sierra Club, Greenpeace, NRDC, and twelve state attorneys general led by Massachusetts to his side. This unlikely group-they called themselves the Carbon Dioxide Warriors-challenged the Bush administration and took the EPA to court. The Rule of Five tells the story of their unexpected triumph. We see how accidents, infighting, luck, superb lawyering, and the arcane practices of the Supreme Court collided to produce a legal miracle. An acclaimed advocate, Richard Lazarus reveals the personal dynamics of the justices and dramatizes the workings of the Court. The final ruling, by a razor-thin 5-4 margin, made possible important environmental safeguards which the Trump administration now seeks to unravel.

This is an ideal introductory book for the person who needs an insight into how the English legal system functions at all levels and a critical analysis of the shortcomings, with the views of major figures in the legal world on how to change the system so that it functions effectively.

This book contributes to the literature on Geographical Indications (GIs) by providing key theoretical reflections from a five-year review process on the potential of GIs for agri-food products in Southern Africa. The contributors reflect on diverse GI processes and dynamics which operate at the local, national and international levels, thus enriching the understanding of GI dynamics and of the variety of policy options available for GI protection in Southern countries. Following a discussion of the legal framework and governance of national GI schemes in Southern countries, the book emphasizes the main dimensions underlying the development of GIs and their potential for enhancing sustainable rural development and market access in particular. This provides the structure for the chapters that build on the different experiences of Southern African industries that have embarked on GI strategies. The book includes chapters on designing an appropriate legal framework and governance system for the development of GIs in Southern countries.

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to encourage mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.

This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further juridification process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.

The book will be of great interest to academics and students of legal theory and dispute resolution.