A[a�?The notion . . . that miscarriages of justice are not simply idiosyncratic instances, but are rather part of the ordinary machinery of law, is a crucial insight, one that deserves this kind of book-length treatment.A[a�?
--James MaMartell, author of "Subverting the Leviathan: Reading Thomas Hobbes as a Radical Democrat"

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system.

The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion.

When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in thelawA[a�a[s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system.

Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

This book can improve the effectiveness of those working within the legal process and in legal policy. It seeks to clarify how the examination of risk levels, time allocation, and other legal policy situations can lead to optimum choices. The principles discussed are amplified by illustrative examples covering such important subjects as right to counsel, plea bargaining, client selection, pretrial release, jury size, crime prevention, delay reduction, and many other controversial and problematic issues of concern to the practicing attorney, the legal scholar, and the legal policymaker. Nagel offers the reader realistic applications of the theories provided, and is unique in his hands-on direct relation of those theories to the decision-making process.

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aA must-read for anyone interested in the intersection of law and politics. . . . [Hasenas] is an important framework against which election law scholars will react and upon which they will build for some time to come.a
--"Michigan Law Review"

"Hasen wrote this concise but substantive volume to assess the history, at least since 1901, of the Supreme Court's intervention in the political process."
--"The Law and Politics Book Review"

"A major contribution to the field of election law."
--Thomas E. Mann, The Brookings Institution

In the first comprehensive study of election law since the Supreme Court decided "Bush v. Gore," Richard L. Hasen rethinks the Court's role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court's intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.

The Supreme Court does have a crucial role to play in protecting a socially constructed "core" of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court's most important election law cases from Baker to Bush have been wrongly decided.

The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public and quasi-public power and those affected by the exercise of that power. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty years after the publication of the Franks Committee report on Tribunals and Inquiries, the conference reflected on developments since then and sought to provoke debate about how the future might unfold. Participants included policy makers, tribunal chairs and ombudsmen, other decision-takers as well as academics - a formidable combination of expertise in the operation of the administrative justice system. Among the themes addressed in the papers are the following: the effect of the changing nature of the state on current institutions; human rights and administrative justice; the relationship between decision taking, reviews of decisions, and the adjudication of appeals; and the overview of administrative justice, taking into account lessons from abroad. The new millenium provides an opportunity for the reappraisal of the British system of administrative justice; this volume presents an indispenable repository of the ideas needed to understand how that system should develop over the coming years. Contributors: Michael Adler, Margaret Allars, Dame Elizabeth Anson, Lord Archer of Sandwell, Michael Barnes, Julia Black, Christa Christensen, David Clark, Gwynn Davis, Godfrey Cole, Suzanne Day, Julian Farrand, Tamara Goriely, Michael Harris (Ed), Neville Harris, Tony Holland, Terence Ison, Christine Lally, Douglas Lewis, Rosemary Lyster, Aileen McHarg, Walter Merricks, Linda Mulcahy, Stephen Oliver, Alan Page, Martin Partington (Ed), David Pearl, Jane Pearson, Paulyn Marrinan Quinn, John Raine, Andrew Rein, Alan Robertson, Roy Sainsbury, John Scampion, Chris Shepley, Caroline Sheppard, Patricia Thomas, Brian Thompson, Nick Wikeley, Tom Williams, Jane Worthington, Richard Young.

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.

""Playing it Safe, How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law" is a book that will not only entertain but also remind us of the fact that many of the Court's most interesting decisions come not in its published written opinions addressing the merits of a case, but in their decisions not to hear a case based on purely procedural rationales. Recommended."
-- "New York Law Journal"

"Kloppenberg has provided the first sustained attack on the long-standing judicial practice of avoidance in at least a generation...her argument deserves careful attention."
--Cass Sunstein," New Republic," 10/01

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Courtfrom which the entire nation seeks guidancefrequently engages in transparent tactics to avoid difficult, politically sensitive cases.

"[A] well-informed book."
-- "Choice"

The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.

By sharing the stories of litigants who struggled unsuccessfully to raise before theSupreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

This new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.

"This book explores the origins of the so-called "punitive turn" in penal policy across Western nations over the past two decades. It demonstrates how the context of neoliberalism has informed penal policy-making and argues that it is ultimately neoliberalism which has led to the recent intensification of punishment"--

Nagel draws on his experience as a practicing attorney and legal scholar to present a clear and concise discussion of the analytical methods in law which deal with causation and prediction. Within the legal arena, causal analysis explains the factors involved that cause legal policies/decisions to be adopted and the impact a legal policy is likely to have, and why. Predictive analysis is an attempt to forecast the outcome of a legal action and is especially useful for those involved in courtroom procedures. Causation, Prediction, and Legal Analysis is the only book available on this broadly focused subject, encompassing a thorough exposition of both the theory and application of causation and prediction.

With court calendars already overcrowded and the number of civil cases steadily mounting, prolonged litigation and successive lawsuits are becoming an increasing burden on plaintiffs, defendants, and the court system alike. The doctrines of res judicata and collateral estoppel, which are well respected by both the bench and the bar, offer the best means for avoiding such situations and for reaching swift and definitive judgement. This volume is the first work to provide clear, fully documented discussion of the subject, even for the nonspecialist attorney or manager. Written by a seasoned legal professional, it incorporates citations and systematic analyses of the most recent applicable case law.

The development of judicial review has been one of law's great growth industries for more than a quarter of a century. It is the public bodies whose activities are routinely subjected to judicial scrutiny which have felt the effects of judicial review most keenly. There has also been a trend in recent years towards judicial review of private bodies whose activities include a public aspect. This has meant a growing awareness,in industry and commerce, of the potential for review of regulatory decisions. In light of the growing importance of this branch of public law, the LSE and Brick Court Chambers decided jointly to host a series of seminars out of which this book has developed. In this important new book expert academics and practitioners (some of them lawyers working in regulated industries) analyse the origins and modern growth of judicial review in the commercial context and attempt to analyse the way in which the law may develop in the future.

Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on English Legal System. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions.
Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

With the recent explosion of high-profile court cases and staggering jury awards, America's justice system has moved to the forefront of our nation's consciousness. Yet while the average citizen is bombarded with information about a few sensational cases--such as the multi-million dollar damages awarded a woman who burned herself with McDonald's coffee-- most Americans are unaware of the truly dramatic transformation our courts and judicial system have undergone over the past three decades, and of the need to reform the system to adapt to that transformation.

In Reforming the Civil Justice System, Larry Kramer has compiled a work that charts these revolutionary changes and offers solutions to the problems they present. Organized into three parts, the book investigates such topics as settlement incentives and joint tortfeasors, substance and form in the treatment of scientific evidence after Daubert v. Merrell Dow, and guiding jurors in valuing pain and suffering damages. Reforming the Civil Justice System offers feasible solutions that can realistically be adopted as our civil justice system continues to be refined and improved.

Decision-aiding software, the underpinning of computer-aided judicial analysis, can facilitate the prediction of how cases are likely to be decided, prescribe decisions that should be reached in such cases, and help administrate more efficiently the court process. It can do so, says Nagel, by listing past cases on each row of a spreadsheet matrix, by listing predictive criteria in the columns, and in general by showing for each factual element the estimated probability of winning a case. The software aggregates the information available and deduces likely outcomes. But it can also prescribe judicial decisions by listing alternatives in the rows, the goals to be achieved in the columns, and by showing relations between alternatives in the cells. By similar means decision-aiding software can also help perform administrative tasks, such as rationally assigning judges or other personnel to cases, and by sequencing cases to reduce the time consumed by each case.

In Part I, Nagel provides an overview of computer-aided analysis and the role of decision-aiding software in the legal process. In the second part he deals with judicial prediction from prior cases and from present facts; and in the third part he emphasizes the prescribing role of judges, particularly in deciding the rules that ought to be applied in civil and criminal procedures. Nagel also covers computer-aided mediation and provides a new perspective on judicial decisions. Then, in Part IV, he treats at length the process of judicial administration and how to improve its efficiency. Of particular interest to court personnel will be the benefits to be derived from reducing delays and in the docketing and sequencing of cases.

Today juvenile delinquents are viewed and treated much like adult criminals. The goal of rehabilitating and reforming youthful offenders--once the primary function of juvenile courts--has largely been abandoned in the past decade in favor of a punishment-orientation that includes extended periods of incarceration. This study, written by a distinguished group of criminologists, legal experts, and social scientists, attempts to determine the reasons for the decline in interest in rehabilitation, what can be done to revive it, and whether rehabilitation is ultimately a practical approach to the problem of juvenile crime.

All litigants before the General Court of the EU (GC), the Court of Justice of the EU (ECJ) or indeed before any EU body or agency will need to have full access to the documents held by the European Union. Though the legislation regulating the field, Regulation 1049/2001, has been in force for some time, it is a complex field for all would-be litigants. In this book the authors, both experienced practitioners in the area, clearly set out the documentation, access requirements and processes. They include a helpful glossary of terms, tables and appendices setting out the relevant legislation. This will be the seminal text for all practitioners who need to access documentation held by the EU.

This reference volume will assist the attorney who needs to understand inheritance laws, administration, and probate proceedings in other states and foreign jurisdictions. Among the areas covered are rights of intestacy, rights of pretermitted and posthumous children, and rights of election by surviving spouses. The book also addresses problems inherent in probate, administration, and kinship proceedings and furnishes the attorney with a method for gathering the information these proceedings require. Henner also highlights Western European estate tax treaties and their interaction with the laws of the United States, thus providing a rudimentary foundation for understanding the conflict of laws. He also provides commentary on common law, community property, administrative duties, etc. Finally, the volume contains organizational charts and informational data sheets, as well as a directory of bar associations.

This brand new edition of "Death Penalty Cases" makes the most manageable comprehensive resource on the death penalty even better. It includes the most recent cases, including Kennedy v. Louisiana, prohibiting the death penalty for child rapists, and Baze v. Rees, upholding execution by lethal injection. In addition, all of the cases are now topically organized into five sections: * The Foundational Cases * Death-Eligibility: Which persons/crimes are fit for the death penalty? * The Death Penalty Trial * Post-conviction Review * Execution Issues The introductory essays on the history, administration, and controversies surrounding capital punishment have been thoroughly revised. The statistical appendix has been brought up-to-date, and the statutory appendixhas beenrestructured. For clarity, accuracy, complete impartiality and comprehensiveness, there simply is no better resource on capital punishment available.

* Provides the most recent case material--no need to supplement. * Topical organization of cases provides a more logical organization for structuring a course. * Co-authors with different perspectives on the death penalty assures complete impartiality of the material. * Provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty * Provides the latest statistics relevant to discussions on the death penalty. * Clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes."

Smith introduces a new concept, "critical judicial nominations," to advance scholars' understanding of the consequences of the federal nomination process for the Supreme Court and the American political system. The study suggests that specific events related to the judicial branch, namely "critical judicial nominations," have significant unanticipated consequences for the Supreme Court's role in the political system, as well as for electoral politics. This is demonstrated in illustrative historical examples which, most importantly, include an in-depth case study of the Clarence Thomas nomination and its subsequent ramifications.

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