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.

"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"--

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.

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.

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.

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.

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."

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.

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

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

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

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

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the tradition of contemporary analytical and naturalistic philosophy and drawing upon recent developments in the philosophy of mind and language, this volume is informed by a sound academic and practical grasp of the workings of the legal system itself. Systematically analysing the nature and limits of a judge's ability to understand culturally different thought and action over the course of a trial, this volume is essential reading for anyone interested in the workings of the modern legal system.

The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way - with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists - from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. And it is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Courts are constantly required to know how people think. They may have to decide what a specific person was thinking on a past occasion; how others would have reacted to a particular situation; or whether a witness is telling the truth. Be they judges, jurors or magistrates, the law demands they penetrate human consciousness. This book questions whether the arm-chair psychology' operated by fact-finders, and indeed the law itself, in its treatment of the fact-finders, bears any resemblance to the knowledge derived from psychological research. Comparing psychological theory with court verdicts in both civil and criminal contexts, it assesses where the separation between law and science is most acute, and most dangerous.

In the public law area, there is an understanding that judicial decision making is not always objective, that the courts are not constrained by the law and the facts of the case, and that courts are actually policy makers influenced by extraneous factors that have little to do the legal and factual matters of a case. Through a combination of an integrative review of the relevant literature in the public law area and new case studies researched by the author, Barbara Yarnold argues that the public law area has discarded the traditional view of the judiciary as a passive interpreter of the law who truly weigh the facts of each case. She examines political and environmental variables that have been used to explain judicial outcomes and develops an original general theory of public law explaining under what circumstances political variables impact court decisions, and when region, as an environmental variable, is related to judicial outcomes. The central question in this study is When exactly do the law and the facts count? As Yarnold's analyses of the judicial decision field draw variables from political science, economics, psychology, and criminal justice, among other fields, this work also suggests that the public law area is multidisciplinary in nature. The book concludes with a case study examination of interest groups involved in asylum-related appeals and their role in the Sanctuary Movement. Students and scholars of public administration, law and society, and public law will find Yarnold's integration of research and current literature toward a general theory of public law highly provocative and interesting.