Failures of American Civil Justice in International Perspective

Author: James R. Maxeiner

Publisher: Cambridge University Press

ISBN: 1139504894

Category: Law

Page: N.A

View: 2835

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Author: James R. Maxeiner

Publisher: Cambridge University Press

ISBN: 1108187420

Category: Law

Page: N.A

View: 9120

In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

Civil Justice in Crisis

Comparative Perspectives of Civil Procedure

Author: A. A. S. Zuckerman,Sergio Chiarloni,Peter Gottwald

Publisher: Oxford University Press on Demand

ISBN: 9780198298335

Category: Law

Page: 485

View: 6640

A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.

The Three Paths of Justice

Court Proceedings, Arbitration, and Mediation in England

Author: Neil Andrews

Publisher: Springer Science & Business Media

ISBN: 9789400722941

Category: Law

Page: 298

View: 6065

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Just Mercy

A Story of Justice and Redemption

Author: Bryan Stevenson

Publisher: Spiegel & Grau

ISBN: 0812994531

Category: Law

Page: 352

View: 9658

#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow

Seeking Justice in International Law

The Significance and Implications of the UN Declaration on the Rights of Indigenous Peoples

Author: Mauro Barelli

Publisher: Routledge

ISBN: 1317332172

Category: Law

Page: 206

View: 7683

Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

Cost and Fee Allocation in Civil Procedure

A Comparative Study

Author: Mathias Reimann

Publisher: Springer Science & Business Media

ISBN: 9789400722637

Category: Law

Page: 314

View: 5794

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Author: Alan Uzelac

Publisher: Springer Science & Business Media

ISBN: 331903443X

Category: Law

Page: 263

View: 5365

This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

A Theory of Justice

Author: John RAWLS

Publisher: Harvard University Press

ISBN: 0674042603

Category: Philosophy

Page: 623

View: 7488

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

The New Jim Crow

Mass Incarceration in the Age of Colorblindness

Author: Michelle Alexander

Publisher: The New Press

ISBN: 1595586431

Category: Social Science

Page: 312

View: 4155

Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.

Maze of Injustice

The Failure to Protect Indigenous Women from Sexual Violence in the USA

Author: Amnesty International

Publisher: N.A

ISBN: N.A

Category: Human rights

Page: 100

View: 5685

More than one in three Native American or Alaska Native women will be raped at some point in their lives. Most do not seek justice because they known they will be met with inaction or indifference. As one support worker said, "Women don't report because it doesn't make a difference. Why report when you are just going to be revictimized?" Sexual violence against women is not only a criminal or social issue, it is a human rights abuse. This report unravels some of the reasons why Indigenous women in the USA are at such risk of sexual violence and why survivors are so frequently denied justice. Chronic under-resourcing of law enforcement and health services, confusion over jurisdiction, erosion of tribal authority, discrimination in law and practice, and indifference -- all these factors play a part. None of this is inevitable or irreversible. The voices of Indigenous women throughout this report send a message of courage and hope that change can and will happen.

Truth, Justice and Reconciliation in Colombia

Transitioning from Violence

Author: Fabio Andres Diaz Pabon

Publisher: Routledge

ISBN: 1351373684

Category: Political Science

Page: 270

View: 1382

The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.

The First Civil Right

How Liberals Built Prison America

Author: Naomi Murakawa

Publisher: Oxford University Press

ISBN: 0199380724

Category: Law

Page: 304

View: 1133

The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right-physical safety-eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.

Social Movements and Civil War

When Protests for Democratization Fail

Author: Donatella della Porta,Teije Hidde Donker,Bogumila Hall,Emin Poljarevic,Daniel P. Ritter

Publisher: Routledge

ISBN: 1315403080

Category: Political Science

Page: 208

View: 6111

This book investigates the origins of civil wars which emerge from failed attempts at democratization. The main aim of this volume is to develop a theoretical explanation of the conditions under which and the mechanisms through which social movements’ struggles for democracy end up in civil war. While the empirical evidence suggests that this is not a rare phenomenon, the literatures on social movements, democratization and civil wars have grown apart from each other. At the theoretical level, Social Movements and Civil War bridges insights in the three fields, looking in particular at explanations of the radicalization of social movements, the failure of democratization processes and the onset of civil war. In doing this, it builds upon the relational approach developed in contentious politics with the aim of singling out robust causal mechanisms. At the empirical level, the research provides in-depth descriptions of four cases of trajectory from social movements for democratization into civil wars: in Syria, Libya, Yemen and the former Yugoslavia. Conditions such as the double weakness of civil society and the state, the presence of entrepreneurs of violence as well as normative and material resources for violence, ethnic and tribal divisions, domestic and international military interventions are considered as influencing the chains of actors’ choices rather than as structural determinants. This book will be of great interest to students of civil wars, political violence, social movements, democratization, and IR in general.

Thinking Like a Lawyer

Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 0674032705

Category: Law

Page: 239

View: 2035

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

Children and Transitional Justice

Truth-telling, Accountability and Reconciliation

Author: Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa

Publisher: Harvard University Press

ISBN: 9780979639548

Category: Law

Page: 417

View: 8722

Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation. The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.

Rebel Law

Insurgents, Courts and Justice in Modern Conflict

Author: Frank Ledwidge

Publisher: Oxford University Press

ISBN: 184904922X

Category: Law

Page: N.A

View: 356

In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' - the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in "ungoverned space," can ensure that they retain the initiative. The book describes French, Turkish and British colonial "judicial strategy" and contrasts their experience with the chaos of more recent "stabilization operations" in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.

The Second Reconstruction

A History of the Modern Civil Rights Movement

Author: Gary Donaldson

Publisher: Krieger Publishing Company

ISBN: N.A

Category: Political Science

Page: 153

View: 2499

This text traces the history of the civil rights movement in the years following World War II, to the present day. Issues discussed the Civil Rights Act of 1964, the Voting Rights of 1965, and the Northern Ireland ghetto's.

The New Politics of Regionalism

Perspectives from Africa, Latin America and Asia-Pacific

Author: Ulf Engel,Heidrun Zinecker,Frank Mattheis,Antje Dietze,Thomas Plötze

Publisher: Routledge

ISBN: 1315513757

Category: Political Science

Page: 254

View: 3725

This edited volume approaches regionalism as one potential pattern in a changing global order. Since the end of the Cold War, different forms of territorialization have emerged and we are confronted with an increasing number and variety of actors that are establishing regional projects. This volume offers an innovative contribution to the study of this new complexity by exploring constellations of regional actors, spatial scales and imaginations beyond state-centred perspectives as well as on multiple, often overlapping levels. The chapters analyse the emergence, trajectories and outcomes of regionalisms from the perspective of the Global South, specifically concentrating on regional projects in Latin America and Africa, but also in the Asia-Pacific. They attempt to identify the specific conditions and junctures of different forms of region-making in their external (global) and internal (local/national) dimensions. The volume also places special emphasis on interactions, spatial entanglements and comparisons between regionalisms in different parts of the world. By expanding beyond the perspective of North-South transfers, this book seeks to better understand the dynamics and diversity of interregional interactions. This volume will appeal to scholars of global studies, international political economy, international relations, human geography, and development studies, as well as area studies specialists who focus on Latin America and Africa.

Responsibility, Rehabilitation and Restoration

A Catholic Perspective on Crime and Criminal Justice

Author: United States Catholic Conference

Publisher: USCCB Publishing

ISBN: 9781574553949

Category: Religion

Page: 69

View: 6793

Responding to the threats to everyday life that are caused by crime and fear of crime, the U.S. bishops tackle the issue of crime and corrections, justice and mercy, responsibility and treatment. Recognizing that the dignity of the human person applies to both victim and offender, the bishops use scriptural foundations, sacramental and historical heritage, Catholic social teaching, and policy foundations and directions to promote further dialogue and action. Stories from those close to this issue complement the bishops' message by emphasizing the need to work together for better solutions that teach right from wrong, respect for life, forgiveness and mercy.