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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General

United States Magistrates in the Federal Courts - Subordinate Judges (Hardcover, New): Christopher Smith United States Magistrates in the Federal Courts - Subordinate Judges (Hardcover, New)
Christopher Smith
R2,800 R2,534 Discovery Miles 25 340 Save R266 (9%) Ships in 10 - 15 working days

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

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

Solving the Puzzle of Interest Group Litigation (Hardcover, New): Andrew Koshner Solving the Puzzle of Interest Group Litigation (Hardcover, New)
Andrew Koshner
R2,213 R2,044 Discovery Miles 20 440 Save R169 (8%) Ships in 10 - 15 working days

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

The White Court - Justices, Rulings, and Legacy (Hardcover): Rebecca S Shoemaker The White Court - Justices, Rulings, and Legacy (Hardcover)
Rebecca S Shoemaker
R2,348 R2,070 Discovery Miles 20 700 Save R278 (12%) Ships in 10 - 15 working days

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

The Burger Court - Justices, Rulings, and Legacy (Hardcover, Annotated edition): Tinsley E. Yarbrough The Burger Court - Justices, Rulings, and Legacy (Hardcover, Annotated edition)
Tinsley E. Yarbrough
R2,352 R2,074 Discovery Miles 20 740 Save R278 (12%) Ships in 10 - 15 working days

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

The Rehnquist Court - In Pursuit of Judicial Conservatism (Hardcover, New): Stanley H. Friedelbaum The Rehnquist Court - In Pursuit of Judicial Conservatism (Hardcover, New)
Stanley H. Friedelbaum
R2,214 R2,044 Discovery Miles 20 440 Save R170 (8%) Ships in 10 - 15 working days

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

Environment in the Courtroom (Hardcover): Alan Ingelson Environment in the Courtroom (Hardcover)
Alan Ingelson
R3,137 Discovery Miles 31 370 Ships in 18 - 22 working days

Canadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases. Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.

Clarence Darrow - The Creation of an American Myth (Hardcover, New): Richard J. Jensen Clarence Darrow - The Creation of an American Myth (Hardcover, New)
Richard J. Jensen
R2,453 R2,227 Discovery Miles 22 270 Save R226 (9%) Ships in 10 - 15 working days

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

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

The EFTA Court - Ten Years On (Hardcover): Carl Baudenbacher, Per Tresselt, Thorgeir Orlygsson The EFTA Court - Ten Years On (Hardcover)
Carl Baudenbacher, Per Tresselt, Thorgeir Orlygsson
R3,342 Discovery Miles 33 420 Ships in 10 - 15 working days

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

The Gatekeepers - Federal District Courts in the Political Process (Hardcover): Kevin Lyles The Gatekeepers - Federal District Courts in the Political Process (Hardcover)
Kevin Lyles
R2,815 R2,549 Discovery Miles 25 490 Save R266 (9%) Ships in 10 - 15 working days

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

Unfit for Democracy - The Roberts Court and the Breakdown of American Politics (Hardcover): Stephen E Gottlieb Unfit for Democracy - The Roberts Court and the Breakdown of American Politics (Hardcover)
Stephen E Gottlieb
R2,690 Discovery Miles 26 900 Ships in 18 - 22 working days

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

Law, Politics, and the Judicial Process in Canada (Hardcover, 4th Revised edition): F.L. Morton, Dave Snow Law, Politics, and the Judicial Process in Canada (Hardcover, 4th Revised edition)
F.L. Morton, Dave Snow
R3,107 Discovery Miles 31 070 Ships in 18 - 22 working days

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.

Introduction to Arbitration (Hardcover): Harold Crowter Introduction to Arbitration (Hardcover)
Harold Crowter
R4,911 Discovery Miles 49 110 Ships in 10 - 15 working days

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

Alternative Dispute Resolution - A Developing World Perspective (Hardcover): Albert Fiadjoe Alternative Dispute Resolution - A Developing World Perspective (Hardcover)
Albert Fiadjoe
R4,488 Discovery Miles 44 880 Ships in 10 - 15 working days

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

English Legal System (Paperback, 21st edition): Emily Allbon, Sanmeet Kaur-Dua English Legal System (Paperback, 21st edition)
Emily Allbon, Sanmeet Kaur-Dua
R1,245 R1,037 Discovery Miles 10 370 Save R208 (17%) Ships in 5 - 10 working days

An introduction to the complexities of law, with clarity Elliott & Quinn's English Legal System by Allbon and Kaur Dua has been relied upon by generations of students as an explanation of the English legal system and how it works in practice, being renowned for its wide-ranging coverage and signature writing style. This text includes a variety of features to support your study, for example: - topical debates to engage you in the discussion points and reforms of today - relating the law, processes and procedure to our everyday lives - a clear structure designed to aid systematic understanding of broad topics - putting the law in context through the Bigger Picture - key cases described and analysed in depth within a text box - a glossary to explain complex concepts Updated annually with all major case law and legislative developments, this 21st Edition includes coverage of: Debate of recent cases such as Miller in relation to constitutional law and Brexit Uber and Deliveroo 'gig' economy cases on employee status Modernisation of the administration of civil justice system Owens v Owens divorce case and resulting Divorce, Dissolution and Separation Bill enabling no-fault divorce recent recommendations regarding the promotion of ADR Review of LASPO by MOJ and implications for criminal justice English Legal System is the ideal companion for anyone studying law at university. An enhanced ebook of this title is available with multiple choice questions, apply the law and . Emily Allbon is a Senior Lecturer and the Director of Mooting at City, University of London. Sanmeet Kaur Dua is a Senior Lecturer in Law and the Deputy Director for TEF at Queen Mary University of London. Pearson, the world's learning company.

Foreign Law in English Courts - Pleading, Proof and Choice of Law (Hardcover): Richard Fentiman Foreign Law in English Courts - Pleading, Proof and Choice of Law (Hardcover)
Richard Fentiman
R5,667 Discovery Miles 56 670 Ships in 10 - 15 working days

The pleading and proof of foreign law are often treated as matters of peripheral importance. But, in reality, how foreign law is established, and whether it must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, and whether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offers a radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating.

A Client's Point of View - Excerpts from: Writ of Certiorari (Hardcover, Illustrated Ed): Sonia V. Grant A Client's Point of View - Excerpts from: Writ of Certiorari (Hardcover, Illustrated Ed)
Sonia V. Grant
R545 Discovery Miles 5 450 Ships in 10 - 15 working days
Tightening the Reins of Justice in America - A Comparative Analysis of the Criminal Jury Trial in England and the United States... Tightening the Reins of Justice in America - A Comparative Analysis of the Criminal Jury Trial in England and the United States (Hardcover)
Laura J Graham, Lisa E. Graham, Lee J. Graham
R2,815 R2,549 Discovery Miles 25 490 Save R266 (9%) Ships in 10 - 15 working days
US Edition: The Penalty Is Death - state power, law, and justice (Paperback): Barry Jones US Edition: The Penalty Is Death - state power, law, and justice (Paperback)
Barry Jones
R528 R498 Discovery Miles 4 980 Save R30 (6%) Ships in 18 - 22 working days
Trying Cases to Win Vol. 5 - Anatomy of a Trial (Hardcover): Herbert Jay Stern, Stephen A. Saltzburg Trying Cases to Win Vol. 5 - Anatomy of a Trial (Hardcover)
Herbert Jay Stern, Stephen A. Saltzburg
R4,931 Discovery Miles 49 310 Ships in 18 - 22 working days

Anatomy of a Trial. Volume V, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1999. Reprinted 2013 by The Lawbook Exchange, Ltd. xviii, 584 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is available separately.
In this volume, Anatomy of a Trial, Stern and his co-author, Stephen A. Saltzburg, bring the principles of the other volumes in the Trying Cases to Win series into action. They offer a line-by-line review of all of the parts of a trial while looking at the importance of emotion in the decision process and its relationship to the facts presented. This detailed analysis, from the viewpoints of the attorney and the jury, demonstrates good and bad advocacy in every stage of the trial.
Contents:
1. Opening Instructions;
2. The Opening Arguments;
3. The First Witness;
4. The Second Witness: Nick Craggs;
5. The Sweeney Deposition;
6. The First of "The Blues" Witnesses: Brian Sullivan;
7. The Alleged Villain: Helen Hardy;
8. Concluding the Plaintiff's Case and Motions;
9. The Defendant's First Witness: Mr. Maresca;
10. The Trustee Witnesses;
11. Ms. Hardy Returns;
12. The Ruling on Defendants' Motion;
13. Ms. Hardy Continues and the Defense Rests;
14. Final Motions, Closing Argument, and Verdict;
15. Epilogue;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

Small Claims in the County Courts in England and Wales - The Bargain Basement of Civil Justice (Hardcover): John Baldwin Small Claims in the County Courts in England and Wales - The Bargain Basement of Civil Justice (Hardcover)
John Baldwin
R3,919 Discovery Miles 39 190 Ships in 10 - 15 working days

The way that small claims are dealt with has prompted enormous interest in many jurisdictions, yet the subject has been neglected by researchers in this country. We should not doubt the importance of these procedures, however. It is increasingly seen as a convenient expedient in tackling the crisis in civil justice, and with a massive increase in the small claims limit from GBP1,000 to GBP3,000 in January 1996, small claims have suddenly become big judicial business. This book (based on research conducted over a two-year period and funded by the Lord Chancellor's Department, the Office of Fair Trading and the Economic and Social Research Council) presents the most extensive empirical research analysis of small claims procedures ever undertaken in this country. The theoretical and practical implications of moves to expand the scope of 'Do-it-yourself' justice are explored. The author had privileged access to the district court judges who conduct claim hearings, and the book is the first to include lengthy extracts from tape recorded interviews with them. It also includes discussion of interviews with litigants, including many who struggled to gain payment of court judgments.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings - With Special Emphasis on the... Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings - With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency (Hardcover, 1st ed. 2016)
Ola Johan Settem
R5,916 Discovery Miles 59 160 Ships in 18 - 22 working days

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Justice in Mississippi - The Murder Trial of Edgar Ray Killen (Hardcover): Howard Ball Justice in Mississippi - The Murder Trial of Edgar Ray Killen (Hardcover)
Howard Ball
R1,132 Discovery Miles 11 320 Ships in 10 - 15 working days

The slaying of three civil rights workers in Philadelphia, Mississippi, in 1964 was a notorious event documented in Howard Ball's 2004 book Murder in Mississippi. Now Ball revisits that grisly crime to tell how, four decades later, justice finally came to Philadelphia.

Originally tried in 1967, Baptist minister and Klansman Edgar Ray Killen was set free because one juror couldn't bring herself to convict a preacher. Now Ball tells how progressive-minded state officials finally re-opened the case and, forty years after the fact, enabled Mississippians to reconcile with their tragic past.

The second trial of 80-year-old "Preacher" Killen, who was convicted by a unanimous jury, took place in June 2005, with the verdict delivered on the forty-first anniversary of the crime. Ball, himself a former civil rights activist, attended the trial and interviewed most of the participants, as well as local citizens and journalists covering the proceedings.

Ball retraces the cycle of events that led to the resurrection of this "cold case," from the attention generated by the film Mississippi Burning to a new state attorney general's quest for closure. He reviews the strategies of the prosecution and defense and examines the evidence introduced at the trial-as well as evidence that could not be presented-and also relates first-hand accounts of the proceedings, including his unnerving staring contest with Killen himself from only ten feet away.

Ball explores the legal, social, political, and pseudo-religious roots of the crime, including the culture of impunity that shielded from prosecution whites who killed blacks or "outside agitators." He also assesses the transformation in Mississippi's life and politics that allowed such a case to be tried after so long. Indeed, the trial itself was a major catalytic force for change in Mississippi, enabling Mississippians to convey a much more positive national image for their state.

Ball's gripping account illuminates all of this and shows that, despite racism's long stranglehold on the Deep South, redemption is not beyond the grasp of those who envision a more just society.

Imprisoned by the Past - Warren McCleskey and the American Death Penalty (Hardcover): Jeffrey L Kirchmeier Imprisoned by the Past - Warren McCleskey and the American Death Penalty (Hardcover)
Jeffrey L Kirchmeier
R3,147 Discovery Miles 31 470 Ships in 10 - 15 working days

In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completely striking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three unique American stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

Trying Cases to Win Vol. 2 - Direct Examination (Hardcover): Herbert Jay Stern Trying Cases to Win Vol. 2 - Direct Examination (Hardcover)
Herbert Jay Stern
R4,897 Discovery Miles 48 970 Ships in 18 - 22 working days

Direct Examination. Volume II, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1992. Reprinted 2013 by The Lawbook Exchange, Ltd. xv, 457 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately.
In this volume, Direct Examination, Stern provides a variety of direct examination techniques, using transcripts from a variety of cases.
Contents:
1. Introduction;
2. The Purpose of Direct Examination: To Argue Your Case;
3. Edward Bennett Williams Introduces His Witnesses;
4. Witness Preparation and Delivery of the Testimony;
5. Applications of the Principles to Cases;
6. The Bank of the United States Case;
7. Exhibits;
8. Making a Witness Invulnerable to Cross-Examination;
9. The Ultimate Protection is to Prevent Cross-Examination;
10. The City of Newark Case;
11. Conclusion;
Appendix A: The Bank of the United States Case-Excerpt of Direct Examination;
Appendix B: The Bank of the United States Case-Excerpt of Cross-Examination;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

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