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.

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.

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.

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.

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.

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.

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.

Summation. Volume IV, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1995. Reprinted 2013 by The Lawbook Exchange, Ltd. xviii, 448 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, Summation, Stern describes how to prepare and deliver a successful summation that will provide the jury with the final points of the argument.
Contents:
1. Two Modern Views of Summation;
2. The Purpose of Summation;
3. Preparing and Delivering a Summation;
4. Edward Bennett Williams Closes;
5. Judicial Instructions;
6. Ending the Summation;
7. Organizing the Argument;
8. Applications of the Principles to a Case: Colonial, Part I;
9. Do Not Equivocate;
10. Applications of the Principles to a Case: Colonial, Part II;
11. Do Not Answer Attacks-Attack;
12. Applications of the Principles to a Case: Colonial, Part III;
13. Postscript: Colonial's Final Lesson;
14. Impermissible Arguments;
15. damages;
16. Conclusion;
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

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

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.

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.

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.

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.

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

The Judicial Philosophy of Justice RutledgeIn the first part of this book Justice Rutledge states his faith in judicial and governmental activism. He elaborates these principles in the second part, "The Commerce Clause: A Chapter in Democratic Living," which addresses changing judicial interpretations of the Constitutional delegation of power to regulate commerce. He concludes that the commerce clause's pre-eminence in the scheme of federation ensured the adoption of theConstitution and preserved its success ever since."He once said that before he could sign an opinion he not only had to be satisfied that it was logically sound but must feel intuitively that it was right. The same thought is found in the early pages of his Declaration of Legal Faith. The easy way was not the way of Wiley Rutledge. He abjured the merely supportable. The basic tenet of his philosophy, I believe, was this: that law must be the servant of the people, not their master. He has declared in moving words his faith in a trinity-law conjoined with freedom and justice. To the principle that law must serve the ends of freedom and justice he dedicated his life."--Fred M. Vinson, Chief Justice, United States Supreme Court 1946-1953, 25 Indiana Law Journal 421 1949-1950Wiley Blount Rutledge 1894-1949] was the last of Franklin Roosevelt's appointments to the Supreme Court and a staunch defender of the New Deal. He served as an Associate Justice to the United States Supreme Court from 1943 until his death in 1949.

How the Courts Work provides a plain English, straightforward explanation of the American court system. The authors take the reader step by step through both a civil and a criminal trial, revealing what actually happens in a courtroom from the perspective of the lawyers, the parties, and the judge. Along the way, the reader will learn the difference between federal and state courts, and between the work of trial judges and appellate judges such as those on the Supreme Court. The authors explain how judges get their jobs, basic constitutional rights that apply in criminal cases, plea bargaining, significant pre-trial procedures, and the difference between criminal and civil law issues. Importantly, this book eliminates much of the mystery of courtroom proceedings. It is an invaluable guide for anyone who has a case, or is thinking about having a case, in our courts. The book provides an overview of the entire litigation process, and so meets an urgent need for law students, paralegals, and new lawyers who have never handled a case from beginning to end. About the Author: Marilyn Englander received her bachelors degree from Harvard University, where she met co-author Curtis Karnow. She went on to complete an interdisciplinary PhD in history, anthropology and religious studies at University of California, Santa Barbara. After 25 years of teaching humanities courses at middle school through university-level, she established her own school, REAL School Marin, in Marin County, California. Her teenage students focus on personal and civic responsibility as well as global citizenship through studying American history, government and conflict resolution. Curtis Karnow is a judge on the SanFrancisco Superior Court. He is the author of FUTURE CODES: ESSAYS IN ADVANCED COMPUTER TECHNOLOGY AND THE LAW (Artech House), contributory co-author of E-BUSINESS AND INSURANCE (CCH) (chapters on Internet security, copyright, trademarks and trade dress, indirect liability on the internet), INTERNATIONAL E-COMMERCE (CCH) (privacy & security), NETWORK SECURITY: THE COMPLETE REFERENCE (McGraw-Hill), and CYBERCRIME: DIGITAL COPS IN A NETWORKED ENVIRONMENT (NYU Press). He is consulting editor on ACTION GUIDE: HANDLING EXPERT WITNESSES IN CALIFORNIA COURTS (CEB); and CALIFORNIA CIVIL DISCOVERY PRACTICE (CEB). Topics of his law review articles range from artificial intelligence to summary judgment and game theory. Judge Karnow is married to the other author of this book, and together they have two children, Benjamin and Jean.

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

This book presents a scholarly examination of some of the most popular psychiatric disorders, psychological syndromes, trauma disorders, addictions, and emotional injury claims in an attempt to determine if these are merely forms of malingering being used to achieve financial gain through litigation, or as a means of escaping criminal or civil responsibility. The book also examines unreliable and unsubstantiated treatment and assessment methods used by the mental health industry which find their way into the courtroom. There has been a significant amount of research (and anecdotal evidence) recently presented in the scientific literature regarding many of the above-mentioned topics. In addition, there is a seemingly neverending parade of legal cases in the media which are examples of some of the topics of this book (e.g., the Andrea Yates case and others). What distinguishes this edited book from others is (1) it does not shy away from confronting the unusual and even bizarre psychological phenomena which the legal profession must deal with; (2) it provides a solid theoretical review from renown psychologists, psychiatrists, and lawyers; (3) it provides the latest psychological research findings relating to various questionable disorders and methods; (4) it presents real-life experiences from the courtroom; and (5) relevant case law is discussed. This book will be of monumental use to practicing attorneys and law students, practicing psychologists and psychiatrists, and students in mental health and criminal justice. The book will allow for a clear understanding of "syndrome" evidence, its uses and abuses, malingering, phony and bogus "diseases" and "addictions," and how patients, clients, and defendants (as well as psychiatrists, psychologists, and lawyers) abuse the mental health and legal systems in order to escape criminal culpability, attain benefits, or make a case.

Because of its eclectic nature, criminal justice can be a difficult discipline to research. This readable guide should help students through the maze of data. "Choice"

Lutzker and Ferrall skillfully introduce the student, professor, or researcher to the sources in the field and suggest logical ways of approaching them when doing research. "Reference Books Journal"

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.