Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal.
"In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542
Robert Wyness Millar 1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).

Part of ABC-CLIO's groundbreaking About State Government set, this volume is the first comprehensive resource to focus exclusively on judicial politics at the state level, covering all 50 states and demonstrating the profound influence state courts have on American life. The Judicial Branch of State Government: People, Process, and Politics reveals the workings of a network of courts that generate tremendous legal activity and yet have not previously been the focus of a comprehensive, in-depth reference. Beginning with the origins of American law, this volume examines the many different types of state court cases, legal decision-making processes, court administration procedures and personnel, and political issues such as judicial selection and funding. A concluding section summarizes the structure and mechanisms of the court systems of each of the 50 states. Filling a major reference need, the titles in ABC-CLIO's About State Government set offer comprehensive coverage of contemporary American politics at the state level. Each of the three volumes focuses on a specific governmental branch, providing both general information and comparative details of how that branch operates in each state. Written by scholars in the study of law and politics-all experts on the structure, function, and societal impact of state courts Provides numerous tables and graphs to help readers comprehend the complexities of each state's court system

An analysis of the divergent legal systems in England, France, Germany and Rome showing the relationship of the courts to the community, the legal structure and political organizations. The work examines the evolution of medieval French and German courts from the Roman canonist system. This study also explores the role of the local courts in England and examines in detail the workings and influence of a typical manor court, Redgrave, in Suffolk, England, (which was owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for the period up to 1711. Extensive notes, indexed. Scholars interested in the roots of the modern political structures in Europe will find this work of supreme benefit.

Coronial Law is an area that attracts great public scrutiny, reflected in the recent establishment of the office of the Chief Coroner, and the number of Judges of the High Court and the Court of Appeal made deputy assistant coroners to particularly sensitive inquests. It is also an area of law that has changed significantly in recent years since the new Coroners and Justice Act 2009 came into force in 2013. This book provides practitioners with an up-to-date and comprehensive guide to the law of coroners and inquests. Written by barristers practising in the field, it addresses changes to the structure and jurisprudence of coroners' courts in a straightforward, accessible manner. The book is helpfully structured according to the elements of an inquest or the subject matter of a coroner's investigation. Each chapter provides an overview of the legal issues, statutory material and other sources of guidance, followed by case summaries and extracts where the relevant issues are discussed. In addition, there are useful appendices of relevant materials, including applicable legislation and the Chief Coroner's Guidance. The book is an essential companion for practitioners of coronial law, indispensable to novices and seasoned practitioners alike.

The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good.

In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates.

The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which is not solely dependent on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organisation of the law and extends far beyond that jurisdiction.

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.

A unique reference work exploring the interaction of ever more pervasive media and the U.S. judicial system in the 20th century. At a time when two-thirds of local news is crime- or court-related, when Court TV broadcasts daily, and when one lurid case can push all other news aside, Media and American Courts: A Reference Handbook offers a much-needed examination of how the press and the judicial system interact. Despite the benefits (a better-informed public, judicial accountability), has expanded coverage of the courts in fact weakened our democracy? Media and American Courts approaches this question by exploring the cases, the personalities, and the controversies that have redefined the court/press relationship in the past century as the media expanded from print and radio to courtroom cameras, cable, and the World Wide Web. It also includes suggestions from legal and media experts for making court news more accurate, informative, and useful. Glossary definitions written in clear, layman's language describing the terms necessary for a full understanding of media coverage of the judicial system Biographical sketches of prominent courtroom journalists, lawyers, and judges such as F. Lee Bailey, Marcia Clark, and Johnny Cochran

Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.

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.

A Historically Grounded Analysis and Defense of the Judiciary's Power to Override Legislation "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. (...) He does not rest his case here, but proceeds with a discussion of other evidence in support of his position. (...) It is to be hoped that this volume will find a large audience and thereby perform a great public service in tending to limit the effect of many ill-considered statements bearing upon the power given to the judiciary by the Constitution of the United States."P.R.B., Yale Law Journal 22 (1912-13) 67-68 J. Hampden Dougherty was a prominent New York City lawyer whose practice focused on tax issues and land and water use. He graduated from Columbia Law School in 1874 and was the author of numerous titles including Electoral System of the United States (1906) and Constitutional History of New York State (2nd ed. 1915).

An authoritative survey of the Taft Court, which served from 1921 to 1929, and the impact it had on the U.S. legal system, social order, economics, and politics. William Howard Taft's experience in the executive branch gave him a unique perspective on the court's work. He initiated judicial reform and was the prime mover behind the Judiciary Act of 1925, which gave the court wide latitude to accept cases based on their importance to the nation. The Taft Court decided about 1,600 cases during its nine terms. This book examines the "aggregate" personality of the court through discussions of individual voting characteristics, bloc alignments, and other patterned behavior. It also charts the strengths and weaknesses of the rulings and demonstrates Taft's penchant for increasing the impact of decisions by pursuing consensus among the justices, two of whom were his own appointees when he served as president. An A-Z set of entries on the people, laws, events, and concepts that are important to an understanding of the Taft Court A photograph of and a brief bibliography on each justice

This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. In recent years there has been significant growth in international business courts in Europe and across the world. They have been established as expert dispute resolution forums offering procedures in English for international commercial parties. Governments have promoted their development as an integral aspect of broader public policy agendas with the aim to enhance the rule of law and the attractiveness of their jurisdictions as legal and economic hubs. While these courts can be lauded for facilitating international commercial dispute resolution and boosting justice innovation, the development of competition in the international litigation market is a remarkable trend that merits discussion. International Business Courts provides a comprehensive critical evaluation of the institutional design and procedural rules of established and emerging international business courts. It focuses on major European and global centres. It assesses to what extent these courts, the competition between them and their inter relationship with arbitration, contribute to justice innovation. It considers their impact on access to justice and the global litigation market, as well as their effect on the rule of law. This book is of interest to legal practitioners, academics and policy makers in the area of civil justice and international business litigation.

Reprint of the first American edition. First published in Italian in 1936, Elogio dei Giudici Scritto da un Avvocato, this is a collection of maxims, anecdotes and observations on the nature of law and justice by a professor of legal procedure at the University of Florence. Some chapters are: On the Faith of Judges, The Prime Requisite of Lawyers; On Etiquette (Or Discretion) in The Court; On the Relationship Between the Lawyer and the Truth, or on the Necessary Partisanship of the Lawyer. With a new preface by Jacob A. Stein, prominent Washington D.C. trial lawyer and author of Eulogy of Lawyers (2010), Legal Spectator & More (2003) and other titles.

Through studies of beheaded Irish traitors, smugglers hung in chains on the English coast, suicides subjected to the surgeon's knife in Dresden and the burial of executed Nazi war criminals, this volume provides a fresh perspective on the history of capital punishment. The chapters 'Introduction: A Global History of Execution and the Criminal Corpse' and 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' are open access under a CC BY 4.0 license.

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-Get City Hall and the County Prosecutor to make some sense of the justice system?

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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.

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

This volume of essays celebrates the first 50 years in the life of the New Zealand Court of Appeal. The move, in 1958, to a Court of Appeal comprising permanent appellate judges was an important landmark in the development of New Zealand law. The chapters highlight areas where the Court of Appeal has made a significant contribution to New Zealand and wider Commonwealth law, showing how the Court's jurisprudence has both reflected and contributed to resolving some of the pressing issues of the times.They are a critical reflection on the changing work and achievements of the permanent Court over the past half-century. In addition to recording the perspectives of a former President on the Court's achievements, the essays in this volume deal with such varied topics as: the role and use of precedent by the Court of Appeal; the Court's contribution to Commonwealth administrative law; criminal appeals; relationship property; accident compensation and tort litigation; company law; equity in commercial dealings; and the rights of Maori, the indigenous people of New Zealand.