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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.
* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "let mercy be the character of the law-giver, but let the judge be a mere machine."
Marketing for Attorneys and Law Firms presents timely topics which are well-researched and written by a fine array of authors from around the country. As attorneys are becoming more interested in marketing and how it can benefit their practices, this book is an important tool. It aids attorneys as they evaluate and improve old marketing strategies and create new marketing strategies where such advertising was neglected. It is an ideal readings text for today's attorney and legal consultants who wish to obtain a better insight into select aspects of marketing the law firm.This is the only readings book that focuses on these areas: applications of marketing planning, attorney selection by consumers, and client and provider attitudes toward legal services. Part Two thoroughly examines various aspects of how clients select and evaluate the performance of legal services. Today's attorneys must first fully understand what their clients perceive about their services before jumping into marketing their services. This section provides insight that most attorneys would normally not investigate and lays the groundwork for the development of marketing programs. Part Three addresses the wide use of legal advertising, and again provides insight into what clients and attorneys think and perceive about various forms of advertising the law firm. This provides a base from which attorneys who are planning to advertise may be able to prevent failure and promote a greater level of success for the advertising program.Applied mainly to private legal practices and clinics, some of the specific topics covered in the three sections include consumers'perceptions of attorneys and legal advertising; attorneys'perceptions of marketing and advertising; perceived risk in selecting an attorney and how consumers actually select attorneys; customer/client service attributes for attorneys; measuring the effectiveness of legal advertising; market planning and strategies for today's legal practice; promoting the legal practice; and developing referral and networking systems in legal practice.For attorneys in private practice, law firm libraries and administrators, law professors who specialize in practice development, consultants who concentrate in legal practice marketing, law school libraries, and marketing professors and consultants who teach or consult in the professional service sectors should read this invaluable reference book.
Marketing for Attorneys and Law Firms presents timely topics which are well-researched and written by a fine array of authors from around the country. As attorneys are becoming more interested in marketing and how it can benefit their practices, this book is an important tool. It aids attorneys as they evaluate and improve old marketing strategies and create new marketing strategies where such advertising was neglected. It is an ideal readings text for today's attorney and legal consultants who wish to obtain a better insight into select aspects of marketing the law firm. This is the only readings book that focuses on these areas: applications of marketing planning, attorney selection by consumers, and client and provider attitudes toward legal services. Part Two thoroughly examines various aspects of how clients select and evaluate the performance of legal services. Today's attorneys must first fully understand what their clients perceive about their services before jumping into marketing their services. This section provides insight that most attorneys would normally not investigate and lays the groundwork for the development of marketing programs.Part Three addresses the wide use of legal advertising, and again provides insight into what clients and attorneys think and perceive about various forms of advertising the law firm. This provides a base from which attorneys who are planning to advertise may be able to prevent failure and promote a greater level of success for the advertising program. Applied mainly to private legal practices and clinics, some of the specific topics covered in the three sections include consumers'perceptions of attorneys and legal advertising; attorneys'perceptions of marketing and advertising; perceived risk in selecting an attorney and how consumers actually select attorneys; customer/client service attributes for attorneys; measuring the effectiveness of legal advertising; market planning and strategies for today's legal practice; promoting the legal practice; and developing referral and networking systems in legal practice.For attorneys in private practice, law firm libraries and administrators, law professors who specialize in practice development, consultants who concentrate in legal practice marketing, law school libraries, and marketing professors and consultants who teach or consult in the professional service sectors should read this invaluable reference book.
"On the Supreme Court" places the Supreme Court in a rich historical and political context, demonstrating how its interpretations of statutes and the Constitution are necessarily shared with the elected branches, the 50 states, and the general public. It explains why the Court exercises judicial review, not judicial supremacy. It demonstrates that, contrary to popular opinion, the Court does not supply the final or exclusive word on the Constitution. In an era of tectonic changes, "On the Supreme Court" offers a fresh perspective on this mainstay institution from a scholar with unique insights as a Constitutional specialist as well as a Congressional researcher.Key features of the text: "
Understanding prisons and the policies surrounding them is of fundamental importance to students and practitioners of criminology and related fields. This concise and accessible guide offers a compendium of key information, theories, concepts, research and policy, presenting a rounded and critical overview of the prison system in England and Wales. Covering the historical and contemporary context of prisons, the text guides the reader through the work of prison officers, a tour of international prisons and how prison life is experienced by different groups, such as women. Focusing on the experiences of stakeholder groups and the themes of power, legitimacy and rehabilitation, the book concludes with an overview of the future challenges for prisons. Each chapter includes key learning features: • end of chapter questions; • definitions of key terms and concepts; • examples and illustrative case studies; • learning outcomes; • summary boxes of major research studies and further reading.
The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that America's criminal justice system isn't foolproof. It's important to understand the causes of wrongful conviction in order to find solutions to this growing problem.Edited by one of the nation's leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions.This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, "American Justice in the Age of Innocence" educates the public and helps current prisoners who are innocent contest their wrongful convictions.
The simple reason for creating this book was my impression that the law is having an increasing impact on the practice of medicine. There is hardly a physician I know who has not been deeply troubled by legal problems professionally, economically, and most important of all, psychologically. The past decade has seen medical practice premiums steadily rising. Multimillion dollar verdicts have not been unusual. Having disregarded these vital issues for many years, physicians have suddenly become very aware of litigation-related problems. Having been interested for a long time in the logic ofthe law and the romance of legal research, I thought it would be useful to create a book that would result in the blending of great minds in law and medicine. It has been my long standing observation and belief that the approach of professors of medicine, and that of learned members of the bar and bench, when put together, produce unique results. Putting these views together has been the real challenge in editing this book."
The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 18th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2021 Supreme Court session, this book remains and indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation's laws and Constitution.
View the Table of Contents. "Lee's book is a compelling and well-informed analysis of the
issues raised when courts confront questions of reasonableness in
high-profile, headline-grabbing cases." "Lee challenges readers to question the concept of
'reasonableness' and how it has been applied. . . Scholars,
students, professionals and the educated public will appreciate the
careful, well-documented argument and pertinent examples." "Ms. Lee offers an extended argument for reforming the
provocation doctrine by requiring judges and jurors to reflect more
carefully about the reasonableness of the defendant's
behavior." aEven readers who do not view Leeas recommendations through a
theoretical lens will be drawn to Leeas suggestions as practical
solutions to the complicated social norms problem she has
identified." "Provocative and persuasive. In this well-written and
meticulously documented book, Cynthia Lee demonstrates how the law
has defined 'reasonableness' in criminal law to favor men against
women, straight men against gay men, and whites against blacks.
Lee's synthesis of many seemingly different examples, with
thoughtful responses to the various objections that might be
raised, is legal scholarship that can make a difference in our
social practices. This is a serious and compelling book that should
lead to reform." A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a "bad" neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found "not guilty"; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses--the doctrines of provocation and self-defense--enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book's detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.
Throughout her entire career, Judge Polier continually fought for
the rights and needs of the poor. In this volume she describes the
granting and denial of justice toward the poor -- particluarly poor
children -- she observed during her tenure as a Family Court Judge
in New York City. The book discusses the current state of the
justice system and the outlook for the future. This volume helps
readers understand how broadly shared the responsibility for the
neglect of today's youth is and how society must reshape its
attitudes and realign its priorities to help the thousands of
children who are dependent upon the public for care and support.
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.
Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth - its complexities and nuances - and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.
Treat yourself to Second Helpings and more choice cuts in the style of Simon Brown's much lauded first volume of memoirs, Playing off the Roof & Other Stories. Exuberantly revisiting his early years in National Service, at Oxford and as a young barrister, Lord Brown recalls matters grave and trivial from his time at the Bar and on the Bench, along the way regaling us with tales of Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He also has something to say about the current legal scene and considers such thorny problems as the 2019 prorogation judgment and whether trial by jury might be dispensed with in order to clear a mounting backlog of criminal cases. Drawing witty lessons from a life of trials, Lord Brown finds time to muse on when a judge might choose to change a sentence already imposed, what to say after dinner and why the game of golf is strictly for the birds!
A leading expert on the administrative state describes the past, present, and future of the immensely consequential-and equally controversial-legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.
1.Whereas many of the competing books focus on prisons, fewer focus on the concept of punishment, and its social and political context. 2. This book has a multi-disciplinary market across criminology, sociology and soco-legal studies. 3. This book is well-suited for upper level courses on punishment and penology, prisons and the criminal justice system.
Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching. Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global. |
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