Legal systems: courts and procedures Books

Book SynopsisPocket Ruth Bader Ginsburg Wisdom is an inspired collection of some of the most empowering and impactful quotes from the powerhouse associate justice of the US Supreme Court. After a quarter century serving on the highest court in America and fighting tirelessly for gender equality and civil rights, RBG has become one of the most influential legal figures in the history of the country. From her landmark cases working with the ACLU to her brilliantly meme-worthy moments of dissent, RBG is a true American trailblazer.

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Book SynopsisThe essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO, focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.Trade Review…the various chapters provide a useful and well-informed account of the evolution of EU-WTO relations, even for those who find constitutionalisation a distant horizon. -- Joanna Gomula, University of London * Europarttslig Tidskrift *All in all, this is a very important book on a very important issue for international lawyers; for academics with a special interest in international economic law (or, more modestly, in WTO law) it is essential reading. -- Peter Hilpold, University of Innsbruck * European Journal of International Law *Table of Contents1. The Impact of the WTO on EU Decision-making Gráinne de Búrca and Joanne Scott 2. The EU and the WTO: Constitutionalism in a New Key Neil Walker 3. The WTO and the EU: Some Constitutional Comparisons Peter Holmes 4. European and International Constitutional Law: Time for Promoting ‘Cosmopolitan Democracy’ in the WTO Ernst-Ulrich Petersmann 5. Fundamental Right or Political Whim? WTO Law and the European Court of Justice Steve Peers 6. Collision, Co-existence or Co-operation? Prospects for the Relationship between WTO Law and European Union Law Armin von Bogdandy and Tilman Makatsch 7. Neutrality or Discrimination? The WTO, the EU and External Trade Marise Cremona 8. The WTO and EU Distributive Policy: the Case of Regional Promotion and Assistance Thomas Cottier and Christophe Germann 9. Constitutional Concepts for Free Trade in Services Piet Eeckhout 10. Trade in Culture: International Legal Regimes and EU Constitutional Values Bruno de Witte 11. Is there any Such Thing as Free or Fair Trade? A Constitutional Analysis of the Impact of International Trade on the European Social Model Miguel Poiares Maduro 12. The WTO Impact on Internal Regulations: A Case Study of the Canada–EC Asbestos Dispute Rob Howse and Elisabeth Tuerk

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Book SynopsisThis book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules...I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010Trade ReviewWhat a treasure trove...most informative...a source of empirical findings and legal policy conclusions of the highest order VRiLG Lothar Junemann Notar 9/2012Table of ContentsPart I: The Oxford Study on Costs and Funding of Civil Litigation Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka Introduction Section 1: National Approaches to Costs and Funding of Civil Litigation Section 2: The Price of Litigation: A Comparison of Jurisdictions Section 3: Policy Issues and Recommendations Section 4: Summary of Findings Tables and Appendices Questionnaire Table 1: Basis of charges for court fees and lawyers' fees Table 2: Success and contingency fees Table 3: Total minimum cost to claimant in the case studies Table 4: Claimant and defendant costs in the case studies Table 5: Ranges of court fees and lawyers' hourly rates Table 6: Currency conversion rates used in the case studies Part II: National Reports 1. An Introduction to the Range of National Approaches Christopher Hodges 2. Australia Camille Cameron 3. Belgium Vincent Sagaert and Ilse Samoy 4. Canada Eriks S Knutsen and Janet Walker 5. The People's Republic of China Michael Palmer and Chao Xi 6. Denmark Kristine Svenningsen, Jan-Erik Svensson and Anders Orgaard 7. England and Wales John Peysner 8. England and Wales: Christopher Hodges Summary of the Jackson Costs Review 9. England and Wales: Woolf for Slow Learners John Peysner 10. France A. Theoretical Perspectives Yvon Desdevises B. The Rules on Funding and Costs Anne-Laure Villedieu 11. Germany Burkhard Hess and Rudolf Hubner 12. Japan Ikuo Sugawara and Eri Osaka 13. Latin America: Manuel A Gomez A Regional Report 14. The Netherlands Mark L Tuil 15. The Netherlands: Policy Observations Paulien M M van der Grinten 16. New Zealand Kim Economides and Graham Taylor 17. Poland Magdalena Tulibacka 18. Portugal Henrique Sousa Antunes 19. Russia Dmitry Maleshin 20. Spain Aranzazu Calzadilla Medina, Carlos Trujillo Cabrera and Alejandro Ferreres Comella 21. Switzerland Walter A Stoffel and James F Reardon 22. Taiwan Kuan-Ling Shen and Helena HC Chen 23. The United States of America Deborah R Hensler

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Book SynopsisWinner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before…The remarkable width and depth of his examination…has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme CourtTrade Review...an admirably researched, readable and fascinating addition to the growing literature on how judges go about their work. -- Michael Zander * New Law Journal, Volume 164, Issue number 7594 *Unless you're a Supreme Court Justice or a retired Law Lord, this book offers you the best available insight into how our highest court operates. In fact, even if you are on the Supreme Court, you're likely to learn something from Final Judgment. What I've not told you is how unusually gripping Final Judgment is. Reading it over the Christmas holiday, I found it hard to put down – something I don't often feel when reading academic works. More than anything else, Final Judgment is a work of human intelligence about the inner workings of one of our most important institutions. I'll be rereading it soon, and revisiting it often. -- Carl Gardner * Head of Legal *...a wise, perceptive, and at times funny work of scholarship... ...there is a huge amount of interest in this book for anyone interested in the judicial process. It is far from reverential, and the reader will come away with a much better idea of how judges at the top of the tree really make their decisions. -- David Hart QC * UK Human Rights Law Blog *Mandatory reading for anyone professing interest in the common law. -- Richard Susskind * The Times *...ground-breaking... -- Frances Gibb * The Times *[An] entertaining and informative account of his discussions with Supreme Court judges -- David Pannick QC * The Times *This fascinating and compelling account of the two courts before, during and after the transition, is a superb sequel to the author’s first detailed examination of the UK final court of appeal. -- Derek O’Carroll * Scottish Legal Action Group Bulletin *[This] marvelous new book [is one] that anyone teaching or writing about the U.S. Supreme Court or equivalent courts around the world should read. -- Herbert M. Kritzer * Law and Politics Book Review, Volume 24, Number 3 *The book is a true work of scholarship. With great clarity and with the assistance of empirical research, it takes the reader deep into the judicial decision making process and explores the factors which impact on that process. It provides the reader with a unique and captivating insight into the inner working of the highest court in the country and explains the consequences of the dialogues which the judges engage in and the impact these have upon the judicial thinking and will be welcome to academics and practitioners alike. -- Masood Ahmed * Civil Justice Quarterly, Volume 33(3) *It is both a fascinating survey and real life 'behind the scenes' review of the work of the Law Lords ... and their role in the highest court in the land. The work is unique in providing intimate portraits revealing the character and idiosyncrasies of the individuals who determine and apply the law at the ultimate level, because Paterson understands something that the Victorians also knew: that to comprehend the reasons why judgments are reached, one has to look beyond the mere 'letter of the law'. There is so much in this book that a review like this can only highlight some of the immediate and obvious points of interest, likewise it is difficult to offer any critical comment. There is a wealth of contextual information, examples and details that others will easily find engrossing and of significant relevance. -- Kim Stevenson * Law, Crime and History, Volume 2, 2014 *This is an excellent monograph. The themes are clear and relevant, the research is meticulous. It is fun to read in places; some of the stories about counsel and judges, even academics, make one smile. Of course, many of those characters express themselves wonderfully, which also makes for a good read. -- Dawn Oliver * Cambridge Law Journal, Volume 73(2) *The book is a mine of information...Patterson has assembled detailed evidence about what happens behind closed doors...[A] marvellous read and an outstanding work of legal scholarship. -- Sir Ross Cranston * Journal of Law and Society, Volume 41(4) *…the book makes an invaluable contribution to our understanding of judicial decision-making, since it is based on information that was unavailable so far, and without Paterson’s research would have been lost to posterity. It is not an exaggeration to say that Final Judgment “provides a compelling and unrivalled view” into appellate judicial decision-making in the UK (i), and must be compulsory reading for everyone interested in how the UK Supreme Court works. -- Tamas Gyorfi * The Edinburgh Law Review *Table of Contents1: Introduction, Context and Methodology Sources and Methodology Judicial Notebooks Elite Interviews The Drawbacks of Oral History Definitions 2: The Dialogue with Counsel Introduction The Context of the Dialogue Between Counsel and the Judges in the Final Court Expectations which Constrain Initiating the Dialogue The Courtroom Dialogue How has the Dialogue Between Counsel and The Court Changed? Have the Qualities of Good Appellate Advocacy Changed? Persuasive Advocacy Robustness and Resilience Courage Timing Written Advocacy Does Advocacy Matter in the Final Court? Case Studies in Effective Advocacy Factors Which Make a Difference Conclusion 3: Dialogues with Colleagues—The Stages for Discourse Introduction The Preparatory Stages Laying the Groundwork Involvement in Permission to Appeal Decisions Being Chosen: The Selection of the Hearing Panel Doing the Homework: Reading of the Preliminary Materials The Oral Hearing Judicial Dialogues in the Courtroom Conclaves Off-stage: Dialogue Outside the Courtroom The First Conference Sharing of Preliminary Conclusions and Discussion The Allocation of the Lead Judgment Implications for the Future The Drafting Stage Order and Production of Circulation Multiple Judgments and the Pursuit of Unity Dissenting Opinions Circulation Time Conclusion 4: Dialogues with Colleagues—Efficacy in Judicial Dialogues Introduction Context Stages Time and Timing The Composition of the Panel Approaches to Collective Decision-Making: The Art of Persuasion Engagement of Judgments Team-working Leadership in the House of Lords Dissents, Individualism and Collegiality Task Leadership and the US Supreme Court Social Leadership Leadership Skills in the Supreme Court Social Leadership in the Supreme Court Geography Conclusion 5: Inter-Judicial Dialogues in Practice Voting Relationships Changes of Mind The Bingham Era 2000–09 The UK Supreme Court 2009–13 Conclusion 6: Wider Dialogues Old and New The Dialogue with the Court of Appeal The Dialogue with Academics Dialogues with Courts Overseas The Dialogue with Strasbourg Scots Appeals and London: A Fraught Relationship? Deference The Devolution Issues Jurisdiction Conclusion The Dialogue with Judicial Assistants The Job of the Judicial Assistant 7: The Dialogue with Other Branches of Government Setting the Scene The Dialogue with Parliament Judicial Activism and its Drawbacks Hard Cases Make Bad Law Justice, Certainty and Fairness Drawing the Line Who Really Draws the Line? Where Should the Lines be Drawn? Arguments from Parliamentary Activity and Inactivity Lines of Communication Conclusion The Dialogue with the Executive Intra-governmental Relations Attempts by the Executive to Engage with the Court Accountability The Challenge of Accountability 8: Final Reflections

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Book SynopsisThis book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.Trade ReviewAustralian Feminist Judgments is a valuable extension of the emerging feminist judgement-writing genre. -- Heather Roberts * Legal Studies, Vol 35(3) *The book is a fascinating and refreshing approach to judging. It will no doubt find a ready place in Law Schools, but more widely among the judiciary and the practising profession. -- Greg Reinhardt * Journal of Judicial Administration, 2015 *Australian Feminist Judgemenst: Righting and Rewriting Law enlivens the reader's imagination about the real transformative potential of feminist legal reasoning. -- KCasey McLoughlin * Alternative Law Journal, 40:2 2015 *...a marvellous sweep through all aspects of contemporary Australian judgments...You will never look at a judgment the same way again... -- Jennifer Giles * Workplace Review, 6:32 *Australian Feminist Judgments ably and engagingly achieves its stated objective...the editors' innovations from the pre-existing models of feminist judgments...ensures that Australian Feminist Judgments provides rich material through which to consider feminist judging's nature, purpose and impact. -- Heather Roberts and Laura Sweeney * Sydney Law Review *The judgments are eloquent, well-reasoned, realistic, and above all, interesting... Australian Feminist Judgments: Righting and Rewriting Law will appeal to a wide audience - particularly judges, academics, legal practitioners, law students and people who are interested in feminism or legal jurisprudence. -- Betheli O'Carroll * Griffith Law Review *Australian Feminist Judgments is academic but accessible, and it is sure to spark many debates on the role of feminist jurisprudence...It reminds us that change within existing legal frameworks is possible. -- Caroline Jones * Portia *Table of Contents1 Introduction: Righting Australian Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter 2 Reflections on Rewriting the Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter Part I Public Law Constitutional Law 3 Kartinyeri v The Commonwealth [1998] HCA Commentary: Kathy Bowrey First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson 4 R v Pearson; Ex parte Sipka [1983] HCA 6 Feminism and the Franchise: Elisa Arcioni Judgment: Kim Rubenstein 5 Dietrich v R [1992] HCA Commentary: Margaret Davies Judgment: Reg Graycar and Jenny Morgan Tax Law 6 Lodge v Federal Commissioner of Taxation [1972] HCA Commentary: Ann O’Connell Judgment: Kerrie Sadiq Immigration Law 7 Re Minister for Immigration and Multicultural and Indigenous Affairs;Ex parte Applicants S134/2002 [2003] HCA 1 Roqia’s Story: Refugees and Natural Justice in the Court of Public Opinion: Mary Crock Judgment: Charlotte Steer 8 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA Commentary: Wayne Morgan Judgment: Nan Seuffert Environmental Law 9 Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA Addressing Climate Change Inequities: The Contribution of a Feminist Judgment: Jacqueline Peel Judgment: Lee Godden Part II Private Law Torts 10 Cattanach v Melchior [2003] HCA The Economic Value of Human Relationships: Cattanach v Melchior Revisited: Isabel Karpin Judgment: Kylie Burns Consumer Protection 11 ACCC v Keshow [2005] FCA Unconscionability, Education and Indigenous Women: Bronwyn Naylor Judgment: Heron Loban Equity 12 Louth v Diprose [1992] HCA 61 Give and Take: Unconscionability and the Pervasiveness of Gender Stereotypes: Paula Baron Judgment: Francesca Bartlett 13 Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins [2006] HCA 6 Formal Equality and Third Party Interests in the Family Home: Francesca Bartlett Judgment: Lisa Sarmas Part III Crime and Evidence Criminal Law 14 Parker v R [1963] HCA 14 Reconsidering Precedent: Heather Douglas Judgment: Adrian Howe 15 Taikato v R [1996] HCA 28 A Well-founded Fear? Giving Context to Self-defence: Julie Stubbs Judgment: Penny Crofts and Isabella Alexander 16 PGA v R [2012] HCA 21 Admitting Legal Wrongs: Ngaire Naffine Judgment: Wendy Larcombe and Mary Heath Evidence 17 RPS v R [2000] HCA 3 Commentary: Katherine Biber Judgment: Helen O’Sullivan 18 Phillips v R [2006] HCA 4 Locating Consent in Similar-Fact Cases: Mehera San Roque Judgment: Annie Cossins Sentencing 19 R v Webster [1990] NSWSC 70012/90 Truth in Sentencing: The Narration of Judgment: Kirsty Duncanson Judgment: Honni van Rijswijk and Lesley Townsley 20 R v Middendorp [2010] VSC 202 Defensive Homicide: JaneMaree Maher Judgment: Kate Fitz-Gibbon, Danielle Tyson and Jude McCulloch 21 R v Morgan [2010] VSCA 15 Intersectionality and Indigenous Sentencing Courts: Heather Douglas Judgment: Elena Marchetti and Janet Ransley Part IV Interpreting Equality Family Law 22 U v U [2002] HCA 36 Commentary: Rachael Field Judgment: Jonathan Crowe 23 Goode and Goode [2006] FamCA 1 The Practice of Feminist Judgment in Family Law: Ann Genovese Judgment: Zoe Rathus and Renata Alexander Discrimination Law 24 JM v QFG and GK [1998] KCA Commentary: Paula Gerber Judgment: Anita Stuhmcke 25 McLeod v Power [2003] FMCA 2 Commentary: Katharine Gelber Judgment: Jennifer Nielsen 26 The State of New South Wales v Amery [2006] HCA 14 The Indirection of Sex Discrimination: Margaret Thornton Judgment: Beth Gaze Treaty Law 27 In the matter of Djappari (Re Tuckiar) [2035] FNCA 1 Commentary: Thalia Anthony Judgment: Nicole Watson

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Book SynopsisThis book shows how adversary trial evolved in England only in the 18th century. Its origins and significance have tended to go unrecognised by judges, lawyers, jurists and researchers until relatively modern times when conflict has become a key social issue. Even now, there is a major dispute as to how and why adversary trial came into existence and little connection has been made with its contribution to the genesis of many rules of evidence and procedure and the modern-day doctrine of human rights - whereby citizens are able to take a stand against the power of the state or vested interests. John Hostettler sets the record straight. John Hostettler is an eminent commentator on criminal justice and its history. In this book he focuses not only on the birth and meaning of adversary trial but also on the historic central role of the lawyer and advocate Sir William Garrow Hostettler assesses how deep-rooted is the notion of opposing parties in the common law, the English psyche and thus within other countries such as the USA that have followed the same model - whereby lawyers champion opposing causes. One aim of the book is to provide an aid to understanding of present-day moves for reform in the direction of restorative methods by outlining the contribution that adversary trial has made to the development of common law systems. 'Interestingly characterises the emergence of adversary trial, in which defence counsel is allowed to cross-examine the prosecution, as the genesis of a recognisably modern human rights culture, which has subsequently expanded across the developed world': Thames ViewTrade Review'Interestingly characterises the emergence of adversary trial, in which defence counsel is allowed to cross-examine the prosecution, as the genesis of a recognisably modern human rights culture, which has subsequently expanded across the developed world.'Thames View (June 2007)Table of ContentsAcknowledgementsPreface1. What is Adversary Trial?2. No Counsel for Prisoners3. Treason Trials Act: the Birth of Adversary Trial4. Rights of the Individual5. Sir William Garrow6. Garrow at the Old Bailey (1)7. Garrow at the Old Bailey (2)8. Rules of Criminal Evidence9. Counsel Finally Address the Jury10. ConclusionGlossary 1 Judicial and Historical TermsGlossary 2 Crimes Tried Frequently at the Old BaileyBibliographyAppendixIndex

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Book SynopsisThe Ouija board jury incident of 1994 is one of the most disconcerting in English legal history, possibly (says the author) 'the nadir of reported juror misbehaviour in the 20th-century'. But, as Professor Jeremy Gans shows, in an era of soundbites it has been distorted by the media whilst even eminent lawyers have sometimes got the story wrong. In this first full-length treatment he emphasises the known facts, the constitutional dilemma of investigating even bizarre jury misbehaviour and how the trial involved one of the most serious murder cases of the decade in which two people were shot in cold blood. Stephen Young's conviction after a re-trial is still claimed to be a miscarriage of justice by some people, as to which Gans puts forward his own ingenious solution. But quite apart from analysing the facts of R v Young, this book is a tour de force on jury misbehaviour in which the author also examines the implications for example of winks and nods, research by jurors, speaking or listening out of turn, going to sleep during the hearing or falling in love with one of the advocates. Amusing at first sight, such events involve deep questions of law, practice and democratic involvement in the Criminal Justice process. Far from being a mere anecdote, the case of the Ouija board jurors, the misconceptions about it and the issues it leads to deserve close study by anyone who is even remotely interested in jury trial. The first full length treatment of an iconic case. Dispels the myths that have built-up around it. Looks at other instances of jury misbehaviour. Shows how the courts and Parliament have wrestled with problems of this kind. A first-rate analysis of a baffling double murder.Trade Review'Gans analyses the case in depth and incorporates many other cases where juror misconduct has also occurred. What I really enjoyed was his ability to consider the situation from a number of hypothetical perspectives to further analyse the conduct of juries and jury members... he highlights a number of the issues which currently still exist in the jury system'-- Academic Traveller; `Very interesting and amusing'-- Ronald Bartle; 'An excellent read - both for the layperson with little or no knowledge of the courtroom and the more experienced professional as it provides a different window through which we see our system'-- Bob Turney; As featured on abc.net.au and in the ABC podcast Jurors Behaving Badly.Table of ContentsForeword. A Juror's Letter; Flash Harry; Only a Game; Iceman; Mansfield's Window; The Horrid Part; Such a Fearful Spectre; Afterword. Index.

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Book SynopsisA masterful and personal account of life on the Supreme Court that offers a unique understanding of American history from one of the most prominent jurists of our time

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Book SynopsisSince the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. This book considers the domestic implementation of ECtHR judgments, and their impact upon national laws, policies and institutions.

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Book SynopsisWhile there have been innumerable collections of humour in the courts, this is an anthology of over 80 stories about disputes resolved without the aid of litigation. It reveals rich sources from old and new China, ancient Greece, Rome and medieval England, as well as Shakespeare and Chaucer.Table of ContentsWithout the law; a family affair; gods, goddesses and heroes; women and arbitration; the sorrows and rewards of the arbitrator; unhappy parties; language traps; umpires; arbitration on the stage.

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Book SynopsisThe definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy.Trade Review"[Democratic Justice] is a well-timed defense of Frankfurter’s hands-off approach to judicial review at the Supreme Court, and more broadly tells the stirring chronicle of Frankfurter’s life as a supremely engaged citizen of the United States. . . . The judicial restraint championed by Frankfurter has its virtues, and Mr. Snyder’s biography ably articulates them." -- Charles S. Dameron - Wall Street Journal"Comprehensive.... Snyder is well equipped to write [Frankfurter’s] first full-length biography." -- Jeffrey Rosen - New York Times Book Review"An amazing, riveting, eye-opening book.... Almost unimaginably relevant to current debates, especially those involving the Supreme Court." -- Cass Sunstein, Robert Walmsley University Professor and founder and director of the Program on Behavioral Economics and Public Policy, Harvard Law School"Impressive.... One of the many virtues of Snyder’s book is the wealth of detailed evidence he provides for each of his assertions." -- Jed S. Rakoff, United States District Judge for the Southern District of New York - New York Review of Books"Sweeping, searching and scintillating." -- Glenn C. Altschuler - Pittsburgh Post-Gazette"Superb.... Deeply researched and written with authority, Snyder’s book examines virtually every aspect of Frankfurter’s career and, despite its length, remains wonderfully readable and accessible.... A monumental account of a life in public service, Democratic Justice is welcome reading for our troubled time." -- Joseph Barbato - New York Journal of Books"Authoritative ... [and] very timely." -- Jessica T. Mathews - Foreign Affairs"The first work to grapple with [Frankfurter’s] life and legacy in full." -- John Fabian Witt - New Republic"A magnificent and indeed definitive biography of a vitally important but highly imperfect justice." -- David J. Garrow, Pulitzer Prize–winning author of Bearing the Cross and Liberty and Sexuality"For years people interested in constitutional law and US history have missed a comprehensive biography of Felix Frankfurter, in his time the most influential figure in constitutional law and an important contributor to progressive thought and politics. Finally we have one.… This is a major achievement that deserves to be widely read." -- Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School"The conventional wisdom is that Felix Frankfurter was a liberal lawyer who became—surprisingly—a conservative justice. Brad Snyder’s spellbinding biography brilliantly revises this understanding to present Frankfurter as a champion of democracy in his day—and for our own as well." -- Laura Kalman, Distinguished Research Professor, University of California, Santa Barbara"Felix Frankfurter was one of the most significant figures of the American twentieth century.… Brad Snyder has given this protean man the major biography he has long deserved. Democratic Justice is vivid, meticulous, and irresistibly absorbing." -- Nicholas Lemann, Pulitzer Moore Professor of Journalism and dean emeritus, Columbia Journalism School, and author of Transaction Man"Exhaustively researched, gracefully written, persuasively argued, and historically grounded, [Democratic Justice] enriches our understanding of American democracy, politics, jurisprudence, and the liberal establishment.… One comes away from a reading of this book with a profound and renewed admiration for Felix Frankfurter and the obligation to reexamine his steadfast adherence to what he believed to be the limited role of an appointed judiciary in a liberal democracy." -- David Nasaw, author of The Last Million and The Patriarch"[A] powerhouse portrait.... Masterfully captures his far-reaching legacy.... An exemplary biography of a true public servant, especially refreshing in today’s toxic political climate." -- Kirkus, starred review"[A] multidimensional portrait.... The book’s prodigious research impresses, offering valuable insights into the deliberations and power plays behind landmark cases and major legislation. This is the definitive biography of a towering judicial figure." -- Publishers Weekly, starred review

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Book SynopsisForensic Science in Court explores the legal implications of forensic sciencean increasingly important and complex part of the justice system. Judge Donald Shelton provides an accessible overview of the legal aissues, from the history of evidence in court, to gatekeeper judges determining what evidence can be allowed, to the CSI effect in juries. The book describes and evaluates various kinds of evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, and bloodstain evidence. Assessing the strengths and limitations of each kind of evidence, the author also discusses how they can contribute to identifying the who, how, and whether questions that arise in criminal prosecutions. Author Donald Shelton draws on the depth of his experiences as courtroom prosecutor, professor, and judge, to provide a well-rounded look at these increasingly critical issues. Case studies throughout help bring the issues to life andTrade ReviewYou couldn't find a better source for grasping the issues confronting the field of forensic science today than Forensic Science in Court. As a trial judge, Donald Shelton has observed the legal process from its most critical perspective, so who better than a 'gatekeeper' to guide us? Judge Shelton provides a detailed framework for best practices in all areas of forensic science, for today and in the future. Everyone with a hand in the justice system, from judges to attorneys to expert witnesses, should read this book. -- Katherine Ramsland, DeSales University, author of Beating the Devil's Game: A History of Forensic Science and Criminal InvestigationJudge Shelton's book hits the right balance: it clearly communicates the basic procedures used in each technique but does not dwell too much in any one area. For a very difficult subject matter, it is fairly easy to read, and the case studies really make the issues come alive. Judge Shelton is not afraid to point out the weaknesses both legally and scientifically of some of the procedures. -- Ron Bretz, Thomas M. Cooley Law SchoolThe book offers a searching examination of some of the most sacred of the sacred cows in the scientific evidence field, including: fingerprints, firearms comparisons, psychiatric evaluation, and so on. Former trial lawyer and current judge Donald Shelton has successfully put together an overview of the scientific issues that demand attention in light of modern legal principles. Forensic Science in Court will be a uniquely useful working tool for judges, lawyers, investigators and anyone who aspires to join those professions. It is thoroughly researched, thoughtfully presented and completely readable. -- Nick Rine, University of Michigan Law SchoolThis important book stands at the intersection of law, science, and technology, and it is essential reading for lawyers, judges, jurors, investigators, policy-makers, and citizens who care about their court system. In this highly readable book, Judge Shelton vividly illustrates that all too often forensic evidence does not meet the test of scientific validity. -- Nancy S. Marder, Professor of Law, Chicago-Kent College of LawJudge Shelton's book is a very readable, entertaining, concise, and enlightening account of the history of the use of forensic science evidence in criminal trials. This book is a valuable resource for lawyers, judges, and students. I highly recommend it. -- Thomas K. Clancy, Director, National Center for Justice and the Rule of Law; University of Mississippi School of LawTable of ContentsList of Figures Introduction Chapter 1: The History and Development of Forensic Scientific Evidence Chapter 2: The Problem of Junk Science Chapter 3: DNA—the New Gold Standard Admissibility of DNA at Trial Postconviction DNA Testing Chapter 4: The "Who" Question Fingerprint Evidence Handwriting Comparison Chapter 5: More "Who" Questions Hair Analysis Bite Mark Analysis Chapter 6: The "How" Question Toolmarks and Firearms Bullet Lead Comparison Fire, Explosion and Arson Evidence Bloodstain Pattern Evidence Chapter 7: The "Whether" Question: Social Science Evidence in Criminal Cases Eyewitness Identification Experts Forensic Abuse Syndromes Conclusions about Social Science Evidence Chapter 8: Jurors and Forensic Science Evidence The "CSI" Myth The "Tech" Effect "Negative" Evidence Voir Dire, Argument and Jury Instructions Chapter 9: Conclusions: Where Do We Go From Here? The Last Twenty Years—An Era of Doubt Daubert's Change in the Legal Standard for Admissibility The Emergence of DNA as a New Model for Forensic Scientific Evidence The Impact of DNA Exonerations The Impact of the National Academy of Sciences Report The Impact of New Technology Awareness by Jurors The Current State of Forensic Science Evidence in Criminal Cases Thoughts about the Future of Criminal Forensic Science Appendix: Recommendations of the National Research Council Strengthening Forensic Science in the United States: A Path Forward Notes Index About the Authors

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Book SynopsisFocusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.Trade Review"The volume shows clearly the importance for the legal historians of Early Modern Europe of understanding the role of superior courts in the development of law in the various jurisdictions but also suggests there is still much more work to be done." -Paul Brand

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Book SynopsisThrough an in-depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates tthat fairness is invoked in international criminal law decisions in inconsistent ways that are frequently at odds with defendants' rights.

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Book SynopsisThe chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe’s political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

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Book SynopsisThis book offers a timely and detailed examination of the reality of criminal legal practice today. Drawing upon extensive anonymous interviews with criminal lawyers in England and Wales, it illuminates how financial pressures arise within the criminal justice system and how lawyers seek to navigate them. The work of criminal lawyers is frequently depicted in the news and media as exciting, well-paid and worthwhile, with prosecutors aiming to convict the guilty and defence lawyers fighting against miscarriages of justice. In contrast, the picture reported by many is of an already creaking and under-resourced system, now exacerbated by fallout from the COVID-19 pandemic. Against this backdrop, the book considers whether the criminal legal aid system really can continue to provide those unable to afford a lawyer with access to justice and whether the Crown Prosecution Service can provide justice to victims of crime. The book presents detailed findings about the work and experiences of both prosecutors and defence lawyers, how financial pressures influence this and to what extent this has changed with the new ways of working brought about by the COVID-19 pandemic.Table of Contents1. Investigating Austerity in Criminal Law 2. Studying the Work of Legal Practitioners 3. Legally Aided Criminal Defence at Police Stations in Austerity 4. Magistrates’ Court Defence and Prosecution Practice in Austerity 5. Crown Court Defence and Prosecution Practice in Austerity 6. The Future of Criminal Court Practice in Austerity 7. Understanding the Work of Legal Practitioners in Austerity Bibliography Index

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Book SynopsisThis open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0. licence on bloomsburycollections.comTable of ContentsTable of Tables Table of Figures List of Abbreviations 1. Introduction 2. A Portrait of the Profession 3. Preparing for a Career in Legal Aid 4. Working Conditions in Legal Aid 5. Remuneration and Frees 6. Responding to Covid-19 7. Recruitment and Retention 8. Facing the Future of Legal Aid

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Book SynopsisThis book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts.It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings.The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law prin

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Book SynopsisSince the Court Reform (Scotland) Act 2014 and the creation of the All Scotland Personal Injury Court, Scotland’s sheriff courts now deals with all cases worth up to £100,000, covering cases ranging from debt and bankruptcy, to child welfare and anti-social behaviour. With a focus on remedies, Style Writs for the Sheriff Court illustrates general litigation styles using fictitious characters and detailed accounts which are based on real cases, covering the areas commonly encountered by solicitors. It also incorporates changes brought about by the Home Owner and Debtor Protection (Scotland) Act 2010 and the 2019 Rules on Expenses. Solicitors practising in Scotland will benefit from the new and updated style writs included, such as: - Pursuer’s Offer - Action for Reduction - Action for Proving the Tenor of a lost document The Fifth Edition of this practical guide enables you to navigate styles of writs, defences, motions and written pleadings using up to date references to statute and Court Rules. This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student, Scottish General Practice and Scottish Criminal Law online services.Table of ContentsPursuer’s Offer Action for Reduction Action for Proving the Tenor of a lost document Declaratory Actions Family Proceedings Heritage Proceedings Miscellaneous Proceedings

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Book SynopsisIn 1998, an Asian woman first joined the ranks of federal judges with lifetime appointments. It took ten years for the second Asian woman to be appointed. Since then, however, over a dozen more Asian women have received lifetime federal judicial appointments. This book tells the stories of the first fifteen. In the process, it recounts remarkable tales of Asian women overcoming adversity and achieving the American dream, despite being the daughters of a Chinese garment worker, Japanese Americans held in internment camps during World War II, Vietnamese refugees, and penniless Indian immigrants. Yet The First Fifteen also explores how far Asian Americans and women still have to go before the federal judiciary reflects America as a whole. In a candid series of interviews, these judges reflect upon the personal and professional experiences that led them to this distinguished position, as well as the nerve-wracking political process of being nominated and confirmed for an Article III judgeship. By sharing their diverse stories, The First Fifteen paints a nuanced portrait of how Asian American women are beginning to have a voice in determining American justice.Trade Review"The history and stories captured by Susan Oki Mollway not only preserve an important history of Asian American women in the federal judiciary, but also hopefully encourage more Asian American and other women to put themselves forward for nomination by demystifying the process. The book explores the fascinating back stories of these amazing women beyond their official bios." -- Karen K. Narasaki * civil and human rights leader and former Commissioner on the U.S. Commission on Civil Rights *“At a time when the importance of having federal judges with diverse life experiences and perspectives never has been more apparent, Susan Oki Mollway’s accounting of the paths followed by our nation’s first fifteen Asian American and Pacific Islander women judges is especially illuminating. In granular detail, it describes the attributes, talents and circumstances that enabled each of its subjects to overcome barriers and become a leader in the federal judiciary.” -- Hon. Jeremy Fogel (ret) * Executive Director, Berkeley Judicial Institute, Berkeley Law School and Former Director, Federal Judicial Center *“The First Fifteen shares the powerful narratives of the first Asian American women to become Article III judges, with a focus on their pathways to the federal bench. Through meticulous and thoughtful analysis, Susan Oki Mollway goes far beyond biography to also suggest common background and character traits, reflect on diversity in the judiciary, and recognize the external forces that contributed to their success. The First Fifteen should be required reading for everyone interested in federal courts, issues of diversity, gender studies, and Asian Americans.” -- Meera Deo * Professor of Law, Southwestern Law School, and author of Unequal Profession: Race and Gender in Legal Academia *"Interview: Judge Susan Oki Mollway (’20) on her Duke Law thesis becoming a book" * Duke Law: Bolch Judicial Institute *"The history and stories captured by Susan Oki Mollway not only preserve an important history of Asian American women in the federal judiciary, but also hopefully encourage more Asian American and other women to put themselves forward for nomination by demystifying the process. The book explores the fascinating back stories of these amazing women beyond their official bios." -- Karen K. Narasaki * civil and human rights leader and former Commissioner on the U.S. Commission on Civil Rights *“At a time when the importance of having federal judges with diverse life experiences and perspectives never has been more apparent, Susan Oki Mollway’s accounting of the paths followed by our nation’s first fifteen Asian American and Pacific Islander women judges is especially illuminating. In granular detail, it describes the attributes, talents and circumstances that enabled each of its subjects to overcome barriers and become a leader in the federal judiciary.” -- Hon. Jeremy Fogel (ret) * Executive Director, Berkeley Judicial Institute, Berkeley Law School and Former Director, Federal Ju *“The First Fifteen shares the powerful narratives of the first Asian American women to become Article III judges, with a focus on their pathways to the federal bench. Through meticulous and thoughtful analysis, Susan Oki Mollway goes far beyond biography to also suggest common background and character traits, reflect on diversity in the judiciary, and recognize the external forces that contributed to their success. The First Fifteen should be required reading for everyone interested in federal courts, issues of diversity, gender studies, and Asian Americans.” -- Meera Deo * Professor of Law, Southwestern Law School, and author of Unequal Profession: Race and Gender in Lega *"Interview: Judge Susan Oki Mollway (’20) on her Duke Law thesis becoming a book" * Duke Law: Bolch Judicial Institute *Table of ContentsList of Abbreviations Introduction Part One: Context 1. Diversity in the Federal Judiciary 2. Bridging the Gap Part Two: The Asian Woman Federal Judges 1. Susan Oki Mollway (D. Haw.) (1998) 2. Kiyo A. Matsumoto (E.D.N.Y.) (2008) 3. Jacqueline Hong-Ngoc Nguyen (C.D. Cal.) (2009), (9th Cir.) (2012) 4. Dolly Maizie Gee (C.D. Cal.) (2010) 5. Lucy Haeran Koh (N.D. Cal.) (2010) 6. Leslie Emi Kobayashi (D. Haw.) (2010) 7. Cathy Bissoon (W.D. Pa.) (2011) 8. Miranda Mai Du (D. Nev.) (2012) 9. Lorna Gail Schofield (S.D.N.Y.) (2012) 10. Pamela Ki Mai Chen (E.D.N.Y.) (2013) 11. Indira Talwani (D. Mass.) (2014) 12. Jennifer Choe-Groves (Ct. Int’l Trade) (2016) 13. Karen Gren Scholer (N.D. Tex.) (2018) 14. Jill Aiko Otake (D. Haw.) (2019) 15. Neomi Jehangir Rao (D.C. Cir.) (2019) 16. Continuing Growth Part Three: Analyzing the Data 1. Timing of Growth 2. Demographic Factors A. Particular Asian Ethnicities B. Immigrant or Child of Immigrant C. Geography D. Age E. Family Structure and Parents’ Varied Professions F. Political Affiliation G. Type of Career H. Summarizing the Demographic Characteristics 3. Attitudinal Factors A. Reliance on Encouragement B. Indefatigable Nature 4. Why Aren’t These Other Asian Women Article III Judges? A. Women Who Opted Not To Apply B. Women Who Applied But Were Not Nominated Conclusion Acknowledgements Notes Bibliography Index

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