Legal systems: courts and procedures Books

Book SynopsisIn The Supreme Court under Morrison R. Waite, 1874-1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816-1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution.Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.

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Book SynopsisHow trial courts operate and administer justiceTrade Review"Even though the book is directed at students of policy making and public administration, students of political science and law will be amazed by some of the results. The authors suggest that even they are surprised by the results of their own research. The book may lead to different approaches to and may also lead to a change in the way in which lawyers and courts interact in the future. In this field of judicial and court administration, there has never been research like this conducted so successfully. The authors describe courts as organizations rather than as simply institutions of justice within the separation of powers. In addition, the book paves the way for further research to be done in this field and opens the door for more ideas on how to improve court administration." —The International Journal For Court AdministrationTable of Contents1 Introduction; 2 A Framework for Court Culture; 3 Measuring Court Culture; 4 Elaborating the Culture Types; 5 Consequences of Culture; 6 Preferences for Court Culture; 7 Conclusion and Implications

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Book SynopsisVirtually every science discipline has a recognised forensics sub-area. Until now, however, forensic communication has not been introduced as a viable area of study or practice. In this volume, recognised scholars discuss ways they have applied communication research to court cases as an expert-witness or consultant in such areas as jury selection, pre-trial publicity, sexual consent, warning adequacy, hindsight bias, jury decision making, document authorship identification, graphics and simulations, and several others. For attorneys, the volume may provide an introduction to ways that communication scholarship can inform their future cases. For communication scholars--both established and upcoming--it may suggest ways to offer expertise as an expert witness or consultant. For casual and serious students of communication it will provide a look into one of the most fascinating applications of our scholarship.

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Book SynopsisThis exciting new series offers a wide range of insights into long-standing issues that Americans are most concerned about, and those that have encouraged vigorous debate among politicians and citizens at large. Using carefully chosen original documents that cover a wide time span, Opinions Throughout History weaves a thoughtful and easy-to-understand analysis of how public opinion is formed and evolves, starting the discussion at an historical, seminal moment, and ending with where we stand today.

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Book SynopsisHave you ever wondered what it's like to argue before the Supreme Court of the United States?In this poignant and compelling memoir, Lisa Sarnoff Gochman captures the terror, wonder, and joy of preparing for and arguing a landmark criminal case before the nine justices of the US Supreme Court in Washington, DC. At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor. Told with grace and humor, At the Altar of the Appellate Gods will interest anyone who is curious about the inner workings of our court system and what it is really like to bring a case before the highest court in the country.Trade ReviewLisa Gochman tells the story of her one argument before the US Supreme Court with warmth, humor, and a dose of well-earned pride. Here is a rare glimpse of life at the court—not on the bench but in front of it—that even experienced court-watchers will find illuminating. -- Linda Greenhouse, author of Justice on the Brink: The Death of Ruth Bader GinsburgAn entertaining and informative look at the challenges facing a lawyer making her first argument before the Supreme Court—in what turns out to be one of the most important criminal law cases of the decade. At the Altar of the Appellate Gods shows not just the legal side, but also the human side, of this once-in-a-lifetime experience. -- Dan SchweitzerThe rarefied lawyers who argue before the US Supreme Court often call it the pinnacle of their appellate careers. But they rarely talk about the arduous, intense, nerve-racking, drop-everything steps they take to get to the lectern for a half-hour of answering a barrage of questions from the nine most important jurists in the nation. In a book that every appellate lawyer or Supreme Court aficionado should read, Lisa Sarnoff Gochman has pulled back the velvet curtain of the court to reveal what it is really like to argue before the Supreme Court. Gochman, currently of counsel at Monmouth County Prosecutor's Office in New Jersey, argued 22 years ago in Apprendi v. New Jersey, an important criminal law case ruling that juries, not judges should decide when factors increase the penalty for a crime. Her book, At the Altar of the Appellate Gods: Arguing Before the US Supreme Court, is frank, funny, and a page-turner at times as Gochman vividly spells out the inside details leading up to oral argument day. An example: lawyers about to argue waited at the Lawyer's Lounge, where the clerk of the court offered advice on what to do and not do (such as don't call a justice 'judge'). They were also offered cough drops, aspirin, Band-Aids, and yes, smelling salts, of all things. "I was comforted to know that fainting in the United States Supreme Court was not unprecedented," she wrote. Oyez, oyez, read this book! -- Tony Mauro, Supreme Court journalist for 43 years and author of several books about the court's landmark casesNo 'dehydrated peach' of a legal treatise or trial transcript here! At the Altar of the Appellate Gods takes us on one woman's colossal roller coaster ride of presenting argument at the United States Supreme Court in the landmark hate-crime sentencing case of Apprendi v. New Jersey. Through Lisa Gochman's vivid and candid account, we're on the white-knuckled ride with her—cheering her hard work and successes while commiserating with her self-doubts and tribulations—and come away better understanding our judicial system. A great read for lawyers, law students, and anyone interested in the appellate process. -- Marlene Trestman, author of Fair Labor Lawyer:The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie MargolinLisa Gochman's excellent memoir about her argument before the United States Supreme Court is lively, engaging, funny, warm, and kind. Her well-paced book adeptly weaves together the personal and professional parts of the story. The writing is admirably clear—accurate for the legal or even specialist reader yet accessible to anyone. -- Edward DuMont, Supreme Court litigatorLegal-minded readers and SCOTUS watchers will enjoy the author's account of her brief spell in the lion's den. * Kirkus Reviews *At the At the Altar of the Appellate Gods: Arguing before the US Supreme Court, tells the story of how the experience of arguing Apprendi made a lasting impact on one of the attorneys. . . . At slightly under 200 pages (including endnotes) At the Altar of the Appellate Gods is a fast-paced, behind-the-scenes account of Gochman's preparation for oral argument culminating in that monumental day in front of the nine justices. She is by turns reverent and irreverent, sometimes self-deprecating, but always cognizant of her responsibility to the State of New Jersey and ultimately, the family who were victimized by Apprendi. -- Elizabeth Kelley * ABA Criminal Justice Section Newsletter *Table of ContentsAcknowledgmentsPrologueChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Chapter 9Chapter 10Chapter 11Chapter 12Chapter 13Chapter 14Chapter 15Chapter 16Chapter 17Chapter 18Chapter 19Chapter 20Chapter 21Chapter 22Chapter 23

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Book SynopsisA sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system. Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why. The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.Trade Review“While you may not agree with every one of the fifty ways Moukawsher proposes to reduce needless complexity, you should come away from his book invigorated by a judge who is not beholden to the ‘way we have always done it.’” * Los Angeles Review of Books *“Over the course of 51 chapters spanning 240 pages, punctuated by 51 pithy cartoons, Moukawsher soundly nails his 50 theses to the law’s front door calling for reform.” * Vermont Bar Journal *“The book is clearly written and argued, and each chapter includes a legal cartoon, which legal reformers will likely enjoy. There are also plenty of practical tips.” * Library Journal *Table of ContentsPrefaceAcknowledgments1. Prefer humanity to needless complexity2. Rethink ninety percent of the typical complaint. Make it about key facts, not law3. What if a single motion addressed basic pleading and proof deficiencies?4. It’s better to decide cases once. Use agency remands sparingly5. Reconsider standing challenges. They invite more lawsuits6.Reduce fighting over subject matter jurisdiction. The unheard will not remain unseen 7. Order discovery when a case begins. Police it without written motions8. Creatively manage complex cases. No case should be too big to try9. Mediate, but don’t delay the case for it10. Streamline trials: They’ll be more final, more credible11. Directly involve judges in jury selection 12. Increase juror numbers and diversity with remote jury trials13. Question the Number of motions in limine14. Most exhibits prove undisputed facts. Do we need them?15. Actively oppose cumulative and time-wasting testimony16. Is too much expert testimony discrediting experts?17. Consider common sense first in family court18. Introduce time clocks to encourage efficient trials19. Needless objections annoy judges and jurors20. Make a point, not a muddle, with prior testimony21. Punish misconduct when it happens rather than in a separate proceeding22. Cross examine crisply, crushingly, or not at all23. Humanize overstuffed, bewildering jury charges and interrogatories24. Save time in court trials by substituting longer closing arguments for post-trial briefing25. Keep cases in the hands of a single judge from start to finish26. Speed cases to trial with judicial administration instead of slowing them down27. Accelerate and simplify justice with technology28. Should virtual proceedings be the rule?29. As a judge, prefer the model of a village elder30. Cases are better resolved on their facts than on the law31. Deploy canons of construction sparingly—only when they have a compelling reason to exist32. Rarely resort to legislative history. It’s often unreliable33. Reduce distractions by identifying fallacies34. Don’t blur laws to conquer facts35. Are endless consumer disclosures doing us any good or are they just low hanging fruit?36. Reduce judicial testiness: Use multi-point tests only when each point has meaning37. Similar sounding cases aren’t precedent38. The best legal writing is literature, not formula39. Not much is gained by plodding through the history of the case and universally familiar standards40. Junk the jargon41. Needless detail is…42. The best appellate decisions deeply and plainly explain the law43. Is there a home for law clerks somewhere between busy worker and junior judge?44. Appellate courts should reform rusty rules45. The best trial court decisions get straight to saying who wins and why46. Why obscure our basically honest courts in a needless cloud of complexity?47. Can lawyers thrive under the same old business models?48. Can courts reimagine themselves?49. Can rethinking law clerking remake the future?50. Recognize needful complexity and meaningful formality51. Can steady courts mean a steadier country?Illustration Credits

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Book SynopsisCanadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases. Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.Table of Contents AcknowledgementsList of ContributorsList of Figures Introduction In the Shadow of the Green Giants:Environmentalism and Civic EngagementJonathan Clapperton and Liza Piper Process and Possibilities Strategies for Survival:First Nations Encounters with Environmentalism Anna J. Willow Native/Non-Native Alliances:Challenging Fossil Fuel Industry Shipping at Pacific Northwest Ports Zoltán Grossman Conserving Contested Ground:Sovereignty–Driven Stewardship by the White Mountain Apache tribe and the Fort Apache Heritage Foundation John R. Welch From Southern Alberta to Northern Brazil:Indigenous Conservation and the Preservation of Cultural Resources Sterling Evans Parks For and By the People:Acknowledging Ordinary People in the Formation, Protection, and Use of State and Provincial Parks Jessica M. DeWitt Histories Alternatives:Environmental and Indigenous Activism in the 1970sLiza Piper Marmion Lake Generating Station:Another Northern Scandal? Tobasonakwut Peter Kinew Environmental Activism as Anti–Conquest:The Nuu–chch–nulth and Environmentalists in the Contact Zone of Clayoquot Sound Jonathan Clapperton Local Economic Independence as Environmentalism:Nova Scotia in the 1970s Mark Leeming "Not an Easy Thing to Implement":The Conservation Council of New Brunswick and Environmental Organization in a Resource–Dependent Province, 1969–1983Mark J. McLaughlin The Ebb and Flow of Local Environmental Activism:The Society for Pollution and Environmental Control (SPEC), British Columbia Jonathan Clapperton From Social Movement to Environmental Behemoth:How Greenpeace Got Big Frank Zelko Afterward Lessons and Directions from the Ground UpJonathan Clapperton and Liza Piper BibliographyIndex

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Book SynopsisThe recent development of lay participation is one of the most significant reforms in Japanese legal history. This volume makes a strong case for its extension to civil juries and beyond. Powerfully argued, and making skillful use of comparative evidence, these three leading scholars have produced a volume that will shape the debate for years to come.'- Tom Ginsburg, The University of Chicago, Law School, US'The jury system continues to grow in popularity across the globe, and this book takes us inside the emergence of civil juries in Japan. The author provides rich detail but also recognizes the limitations of the current system. Anyone interested in understanding the challenges and promise of adopting new jury systems can learn much from this careful study, which weaves together historical, legal, and social scientific analyses.'- John Gastil, lead author of The Jury and Democracy and Director, McCourtney Institute for Democracy, Penn State University, US'This book is a lucid and engaging account of the development and functioning of Japan's system of lay participation in criminal trials, but equally, and perhaps more important, the authors provide solid arguments for the expansion of lay participation in Japanese civil disputes, and they outline how such a system might be developed. The book will also be useful for scholars and practitioners in other Asian countries interested in developing lay participation in their legal systems.'- Neil Vidmar, Duke University, School of Law, USWith effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay participation into their justice systems, and this book argues that the convergence of current forces makes this an ideal time for Japan to expand lay participation into its civil realm.This book offers a detailed examination of the historical underpinnings of citizen participation in Japan's justice system, and analysis of new reforms related to Japan's adoption of its saibanin seido or quasi-jury 'lay judge system' for serious criminal trials in 2009. Its vivid and groundbreaking research includes an exploration of civil jury trials held in Okinawa after World War II, discussion of citizen participation and its potential impact on environmental civil lawsuits after the Fukushima nuclear disaster, and lessons about jury trials based on the experience of the United States and the recent proliferation of citizen involvement in the justice system around the world.This cutting-edge book project will fascinate legal scholars and students as well as practitioners, political activists, organizations, and policymakers who are interested in citizen participation in Japan and other countries around the world, as it addresses societal harms perpetrated by the government or other entities, judicial reforms, democratic movements, and global justice.Trade Review‘The recent development of lay participation is one of the most significant reforms in Japanese legal history. This volume makes a strong case for its extension to civil juries and beyond. Powerfully argued, and making skillful use of comparative evidence, these three leading scholars have produced a volume that will shape the debate for years to come.’ -- Tom Ginsburg, The University of Chicago Law School, US“The jury system continues to grow in popularity across the globe, and this book takes us inside the emergence of civil juries in Japan. The author provides rich detail but also recognizes the limitations of the current system. Anyone interested in understanding the challenges and promise of adopting new jury systems can learn much from this careful study, which weaves together historical, legal, and social scientific analyses.’ -- John Gastil, lead author of The Jury and DemocracyDirector, McCourtney Institute for Democracy, Penn State University, US‘This book is a lucid and engaging account of the development and functioning of Japan’s system of lay participation in criminal trials, but equally, and perhaps more important, the authors provide solid arguments for the expansion of lay participation in Japanese civil disputes, and they outline how such a system might be developed. The book will also be useful for scholars and practitioners in other Asian countries interested in developing lay participation in their legal systems.’ -- Neil Vidmar, Duke University School of Law, USTable of ContentsContents: 1. Welcoming Citizen Participation into Japan’s Justice System 2. The Great Debate: Introducing a Lay Judge System 3. Advancement of the Lay Judge System and Ongoing Challenges 4. Reforms Related to the Lay Judge System 5. Overcoming Challenges Facing the System 6. Expanding Lay Participation into the Civil Realm 7. Citizen Participation in Civil Trials can be Beneficial as Demonstrated by the Experiences of Other Countries 8. Global Proliferation of Lay Participation In Justice Systems 9. Civil Jury Trials in Okinawa – Local Illustration 10. Civil Lay Participation and State-Corporate Liability 11. Final Thoughts and Necessary Preparations Index

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Book SynopsisThis book is a 'must read' for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.'- Jan M. Hebly, Houthoff Buruma, the Netherlands'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.'- Marco Bronckers, Partner, VVGB Advocaten, Belgium'The so-called 'private enforcement' of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.'- Tom Ottervanger, Advocaat, Allen & Overy LLP, the NetherlandsPrivate Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States.Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension.The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States.Key features of the book include:- Expert authorship from a Member of the Legal Service of the European Commission- Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts - Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields- Extensive discussion of the scope for the EU to act vis-à-vis the autonomy of the Member State- One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104)- Exposition of key case law relating to private enforcement and the remedies available to private parties.Trade Review‘This book is a "must read" for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book—public procurement, intellectual property, consumer protection and competition—Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.’ -- Jan M. Hebly, Houthoff Buruma, the Netherlands‘Wilman has produced a fundamental and important oeuvre, thoroughly discussing the pros and cons of private enforcement. His book is well structured, its argument is well founded and clear. His research will be an important foundation for the future development and evolution of private enforcement in EU law.’ -- Common Market Law Review‘This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.’ -- Marco Bronckers, Partner, VVGB Advocaten, Belgium‘The so-called “private enforcement” of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.’ -- Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands‘By employing examples from different areas of law, this book engages in a very rich discussion on different remedies and procedures in EU law. . . the book offers a substantiated and illuminating analysis as to how, when and why EU legislation facilitates private enforcement of EU law. The book’s main strength lies in its comprehensive approach of a very complex subject matter and will no doubt be of interest to academics, policy makers and practitioners working in this field.’ -- World CompetitionTable of ContentsContents: Part I Introduction and Background 1. Introduction 2. Key Principles, Public Enforcement and Case Law Part II Selected EU Legislation 3. Public Procurement Law 4. Intellectual Property Law 5. Consumer Protection Law 6. Competition Law PART III Comparison and Contextualisation: Remedies and Procedures 7. Actions for Damages and Actions for Injunctions 8. Contractual and Other Remedies 9. Procedural Issues PART IV Broader Aspects, Perspectives and Conclusions 10. The How, When and Why of EU Law on Private Enforcement 11. Two Perspectives on Private Enforcement 12. Summary and Conclusions Bibliography Index

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Book SynopsisThere are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. UsackaTrade Review'Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.' --Paul Lemmens, Judge, European Court of Human RightsTable of ContentsContents: Preface 1. Introduction Helle Krunke and Martin Scheinin PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL 2. On Judging Aharon Barak 3. The Changing Understanding of Judicial Legitimacy Or Bassok 4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human Rights Helle Krunke PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United Kingdom David Hope (The Lord Hope of Craighead) 6. The Judiciary and the Surveillance State: General Trends and German Experiences Wolfgang Hoffmann-Riem 7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective TJ McIntyre 8. Procedural Fairness and Judicial Review of Counter-Terrorism Measures David Jenkins 9. The Judiciary in Times of Terrorism and Surveillance: A Global Perspective Martin Scheinin PART III THE JUDICIARY IN TIMES TRANSITION 10. The Role of the Judiciary in Egypt´s Failed Transition to Democracy Antoni Abat i Ninet 11. The Russian Constitutional Court in International Legal Dialogues Bakhtiyar Tuzmukhamedov 12. Guides and Guardians: Judiciaries in Times of Transition Ebrahim Afsah PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal Court Anita Ušacka 14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights System Carlos Ayala 15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the Individual David Thór Björgvinsson 16. The Task of Regional and International Courts in Guarding Constitutionalism and Human Rights Marina Aksenova and Geir Ulfstein Index

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Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index

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Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index

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Book SynopsisProviding an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law. Through clear illustrations and a variety of concrete examples, this book shows how simple additive weighing can be applied in any situation in which there are one or more objectives, multiple options and multiple decision criteria. Further demonstrating the use of fuzzy logic in conjunction with this method, Bengt Lindell adeptly shows the reader how extra-disciplinary methods have much to contribute in a legal decision-making context. The methods covered in this book help to balance the issues of intuition versus structural analysis, risk and uncertainty, and the merging of probability and utility in the context of law. Practical and engaging, this book will prove an indispensible guide for academics and scholars across many legal disciplines. Public and private decision makers will also benefit from its clear and concise approach, affording them new insights into the application of multi-criteria analysis in law.Trade Review'Law is about balancing of interests. How to do this, is considered mainly to be a matter of intuition. This book offers a structured method based on decision theory and fuzzy logic. It helps lawyers to balance interests and make choices in complex cases in a systematic way, even when the weighting is based on subjective ratings and opinions differ fundamentally. The method of multi-criteria analysis is explained in a very clear and accessible way and applied to several, legal and other cases.' --Bart van Klink, Vrije Universiteit Amsterdam, the Netherlands'This is a highly original approach to a pressing problem of legal reasoning: how to decide in a context in which many different values and interests need to be considered. The interdisciplinary approach chosen, using decision theory and adapting it to a legal context, provides a fresh perspective on important issues such as balancing of interests and weighting of different legal values. Firmly grounded in Scandinavian discussions of legal reasoning and the international literature on decision theory, it is particularly relevant to administrative legal decisions, but it may also be relevant to judicial decision-making in private or criminal law.' --Sanne Taekema, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Overall assessments and balancing of interests 2. Multi-criteria analysis 3. Intuition 4. Legal examples of decision-making with SAW 5. Decision-making under uncertainty 6. Evidentiary aspects Bibliography Index

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Book SynopsisLaw Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor's Office and how they enforce EU law vis-a-vis private actors together with relevant national enforcement authorities. The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of 'shared tasks, but separated controls'. Expert contributors analyze these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals. This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement.Contributors include: F. Blanc, A. Brenninkmeijer, F. Cacciatore, M. Chamon, F. Coman-Kund, A. Corini, P. Craig, K. Cseres, T. Duijkersloot, M. Eliantonio, J. Foster, A. Karagianni, F. Kets, R. Kraaijeveld, M. Luchtman, M. Maggetti, G. Ottimofiore, A. Ottow, A. Outhuijse, M. Ratajczyk, E. Schmidt, M. Scholten, B.M.J. van der Meulen, E. van Gelder, M. van Rijsbergen, E. Versluis, J. Vervaele, M. Wasmeier, R. Widdershoven, S. WirtzTrade ReviewThe book is a valuable contribution to the better understanding of shared administration (enforcement) and "agencification" of accountability systems in the EU.'--Ernö Várnay, Common Market Law Review'The book provides an excellent and in-depth analysis of each major European enforcement agency; how they interact with national agencies; and identifies strengths and gaps in the accountability frameworks governing those bodies. This book is a must have for academics and policy makers who seek to understand the operation of EU enforcement mechanisms.'--Philip Bender, Australian Journal of Public AdministrationTable of ContentsContents 1. The proliferation of EU enforcement authorities: a new development in law enforcement in the EU Miroslava Scholten, Michiel Luchtman and Elmar Schmidt 2. Political and judicial accountability in the EU shared system of banking supervision and enforcement Ton Duijkersloot, Argyro Karagianni and Robert Kraaijeveld 3. ‘Rating’ ESMA’s accountability: ‘AAA’ status Marloes van Rijsbergen and Jonathan Foster 4. Parallel enforcement and accountability: the case of EU competition law Katalin Cseres and Annalies Outhuijse 5. Shared enforcement and accountability in the EU aviation safety area: the case of the European Aviation Safety Agency Florin Coman-Kund, Mikołaj Ratajczyk and Elmar Schmidt 6. Complex procedures as hurdle to accountability: verticalization of pharmaceutical enforcement Merijn Chamon and Sabrina Wirtz 7. Fishing in troubled waters? Shared enforcement of the common fisheries policy and accountability gaps Federica Cacciatore and Mariolina Eliantonio 8. Enforcement of EU food law Antonia Corini, Bernd van der Meulen, Floris Kets, Giuseppa Ottimofiore and Florentin Blanc 9. The political and judicial accountability of OLAF Michiel Luchtman and Martin Wasmeier 10. Judicial and political accountability for criminal investigations and prosecutions by a European Public Prosecutor's Office in the EU: the dissymmetry of shared enforcement John Vervaele 11. The interplay of mandates and accountability in enforcement within the EU Florentin Blanc and Giuseppa Ottimofiore 12.The European Court of Auditors: the guardian of EU finances Alex Brenninkmeijer and Emma van Gelder 13. Pertinent issues of judicial accountability in EU shared enforcement Rob Widdershoven and Paul Craig 14. Political and judicial accountability in shared enforcement in the EU Miroslava Scholten, Martino Maggetti and Esther Versluis Index

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Book SynopsisAs judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.Trade Review'Professor Ali's book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.' --Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit'Shahla Ali's work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.' --Luigi Cominelli, The University of Milan, Italy'Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.' --Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, USTable of ContentsContents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 3. Mediation in the UK Courts 4. Mediation in the Hong Kong Courts 5. Mediation in the French Courts 6. Mediation in the Dutch Courts 7. Mediation in the Malaysian Courts PART III Mandated Court Mediation Programmes 8. Mediation in the United States Federal Courts 9. Mediation in the Australian Federal Courts 10. Mediation in the Italian Courts 11. Mediation in the Chinese Courts 12. Mediation in the Indian Courts PART IV Empirical Findings on Court Mediation 13. Insights and Recommendations from a Global Mediation Survey 14. Conclusions Select Bibliography Index

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Book SynopsisThe U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, ''Did the Supreme Court get it right?'' but rather, ''How did the Supreme Court compare to other branches of the federal government at the time?'' Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America? Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court's comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989. This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.Trade Review'This is a remarkable book, and essential reading for anyone who cares about how civil rights are defined and protected in America. It carefully situates the Supreme Court in its political and historical environment, and in doing so serves as an important reminder of the significance of politics in keeping our constitutional system functioning.' --Keith E. Whittington, Princeton University, US'Juxtaposing a comprehensive survey of the Supreme Court's cases dealing with racial minorities - African Americans, Indians, Asian Americans, and Hispanic Americans - to an overview of how Congress and the President dealt with those minorities, Leslie Goldstein asks the right question: Compared to the other branches, how protective has the Court been? This is an important work for scholars and others interested in the Supreme Court and the history of race in the United States.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Minority Rights Up Through the Marshall Court, 1789-1835 2. Minority Rights in the Taney Years (1836-64) 3. Civil War and Reconstruction 4. After Reconstruction 5. The White and Taft Courts, 1911-30 6. A New “Racial” Minority: Hispanics, 1800-1992 7. Branch Variation in Rights Leadership, 1930 to Late Twentieth Century 8. Overview and Conclusions Index

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Book SynopsisThis comprehensive Research Handbook offers a multi-faceted analysis of the politics of law and courts and their role in governing. The authors develop new theoretical, empirical and methodological approaches to the study of law and courts as institutions, while accounting for the increasing diversity and complexity of the jurisdictions they oversee. The Research Handbook on Law and Courts features contributions from leading scholars in the United States, New Zealand, South Africa, Latin America and a number of European countries, enriching the scope of theoretical development in the field and identifying areas for future research. Chapters address courts' centrality to governance by explaining how they participate in holding democratic administrations politically accountable, as well as by highlighting the political significance of court decisions concerning citizenship and inclusion. Chapters include studies of interactions between legal arguments, courts and other institutions that rely on law, as well as reflections on the physical and digital spaces of law. This volume also examines demographic diversity in judging before concluding with discussions of increasing digitization and computing power, and the significance of both for legal processes and sociolegal scholarship. Scholars concerned with courts and political accountability in complex, multi-layered governance will find this Research Handbook an invaluable resource. Since courts and legal structures are increasingly significant around the world, the Research Handbook will also be useful to other social scientists concerned with inclusion, representation, and accountability through law.Trade Review'It's a distinct pleasure to see a research handbook that not only deals with classic themes in the literature, but which marks out new terrain for researchers in many different juridical and political regimes. The section on the digitalization of law and courts research was an eye-opener for me.' --Chris Hanretty, Royal Holloway, University of London, UK'With a timely introduction followed by 32 chapters by no fewer than 50 established and early-career authors working in at least four continents, this Research Handbook represents today's most outstanding, global, and diverse scholarship on law and courts. The Research Handbook on Law and Courts synthesizes new ways that law and courts scholars encounter and study accountability, authoritarianism, populism, citizenship, diversity, democracy, gender, governance, technology, and the transformative potential of rights.' --Mark Fathi Massoud, University of California, Santa Cruz, US'This diverse collection highlights cutting-edge issues in scholarship on law and courts. Integrating comparative and international perspectives with forward-looking attention to technology and gender, there is something for everyone in these pages. Highly recommended.' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Introduction to the Research Handbook on Law and Courts Susan Sterett and Lee Walker PART I COURTS AND POLITICAL ACCOUNTABILITY 1. International Tribunals and Political Accountability James Meernik 2. Degrees of Separation: judicial-executive relations in the US and Latin America Gbemende Johnson 3. Comparing the Significance of War to High Courts of the USA, UK, and Canada Susanne Schorpp 4. Drug Policy, Violence, and Support for the Judiciary in Latin America: The "Drug Trafficking Trap" Aldo F. Ponce 5. Law, Courts and Populism: Climate Change Litigation and the Narrative Turn Chris Hilson 6. Courts and Transformative Constitutionalism: insights from South Africa Anthony Diala PART II JUDICIAL PROCESS 7. Independence in Judicial Hierarchies: Civil Law Systems Julio Rios-Figueroa 8. The Use of Precedent in U.S. Supreme Court Litigant Briefs Jessica A. Schoeneherr and Ryan C. Black 9. Challenging authorities’ (in)action via amparos Lydia Brashear Tiede and Susan Achury 10. Accountability, Authority and Documentary Fragility: Shadow files and Trial in India Mayur Suresh 11. Court Architecture and the Justice System Peter Robson, Patrícia Branco and Johnny Rodger 12. Institutional Norms, Parliament, and the Courts: Explaining the Absence of Abortion Restrictions in Canada Jonathan Parent PART III DIVERSITY 13. Gender on the International Bench Laura P. Moyer 14. Appointing Women to High Courts Maria Escobar-Lemmon, Valerie Hoekstra, Alice J. Kang, and Mikki Caul Kittilson 15. Judicial Service Commissions and the Appointment of Women to High Courts in Nigeria and Zambia Jarpa J. Dawuni and Tabeth Masengu 16. Judicial Diversity in the United States Federal Judiciary Taneshia N. Means, Kaitlin Prado, and Andrew Eslich 17. The gender and judging project: equity in Germany Ulrike Schultz PART IV SUB-NATIONAL COURTS 18. Power, activation, decision making, and impact: subnational judicial politics in Brazil Luciano Da Ros and Matthew C. Ingram 19. Understanding the determinants of opinion language borrowing in state courts in the United States Jennifer Bowie and Elisha C. Savchak 20. State High Courts and Precedent: the diffusion of precedent in the United States Ben Kassow 21. Letting the Outside In? Court Clerks, Discretion and the Shifting Boundary between Community and Court in Domestic Violence Cases in South Africa Kelley Moult 22. When do the Losers Win? Appellate Court Reversals of Civil Jury Verdicts Tao Dumas 23. Creating Space for supranational law: Environmental Legal Mobilization and Spanish NGOs Luz Muñoz and David Moya PART V COURTS, INCLUSION, AND BELONGING 24. Patrolling the Boundaries of Belonging? Courts, Law, and Citizenship Lisa Conant, Andreas Hofmann, Dagmar Soennecken, and Lisa Vanhala 25. Conflicts in Indigenous Law: Courts and Federalism in the United States and Common Law Nations Rebecca A. Reid and Todd A. Curry 26. Implicit and explicit boundaries of belonging: indigenous and minority identities Kati Nieminen 27. Domestic legal institutions and international law: the UN Women’s Rights Treaty and the Netherlands Audrey L. Comstock PART VI DIGITALIZATION OF LAW AND COURTS RESEARCH 28. Creating Digital Legal Subjects: The Use of Online Criminal Court Records for Research Sarah E. Lageson 29. All Your Data Will Be Held Against You: Secondary Use of Data from Personal Genomics & Wearable Tech Andelka M. Phillips 30. Data Infrastructure Innovation in the Field of Law and Courts: The European Court of Human Rights Database (ECHRdb) Elizabeth Chrun and Rachel Cichowski 31. ‘Text as Data’ in Law and Courts: Data Coding, Language Clarity, and Data Sharing Justin Wedeking 32. Creating Databases in Sociolegal Research: The U.S. Supreme Court Confirmation Hearings Database Paul M. Collins, Jr. and Lori A. Ringhand Index

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Book SynopsisThis discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. ZhangTrade Review'This book is a survival tool for judges who are increasingly required to respond to legal action meant to protect the earth from the existential threat to human civilization posed by global warming. Christina Voigt and Zen Makuch have assembled authors who affirm that there is no greater force to protect Earth and its habitants than the environmental rule of law.' --Michael D. Wilson, Hawaii Supreme Court, US'From pioneers to latecomers, the role of Courts in relation to environmental protection has oscillated in ways that make their overall contribution difficult to assess. This book is a significant addition to the mapping and stock-taking effort. It shows that, in practice, Courts are indeed playing a very important role in adapting legal systems to the need to conserve the environment.' --Jorge E. Viñuales, University of Cambridge, UKTable of ContentsContents: Part I Conceptualizing the Role of Courts in Protecting the Environment 1. The Nature of Courts Nicholas Robinson 2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development Brian Preston, Paul Martin and Amanda Kennedy 3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution Trevor Daya-Winterbottom Part II Taking the Lead: The Court as Trailblazer for Environmental Protection 4. Ghana’s Courts and Environmental Rule of Law Godwin E. K. Dzah 5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes 6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis Stellina Jolly and Zen Makuch Part III Access to Justice for the Environment 7. Inviting Civil Society to the Table: The Case of the African Commission Nora Ho Tu Nam 8. Collective Environmental Litigation in Colombia: An Empirical Assessment Everaldo Lamprea and Angela M. Páez 9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System Lauren Butterly and Rachel Pepper 10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law Zhuoxian Zhang 11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine Oleksandra Chornous and Nicolay Kichigin Part IV Courts in Action 12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs María Augusta León Moreta and Gloria Bingyu Liu 13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts Yetty Komalasari Dewi and Anbar Jayadi 14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment? Otto Spijkers 15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation David Hodas 16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary Ria Guidone and Holly Jonas 17. Swedish Environmental Courts – Specialized Civil and Administrative Courts Anders Bengtsson Index

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Book SynopsisNew and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.By considering how different jurisdictions are approaching current and future technological shifts and in particular by focusing on the different approaches in the US, UK, Australia and China and elsewhere, the author draws a rich comparative exploration of justice technology trends. Judicial commentary is considered as well as the growing scholarly discourse about these trends. Ethical and user centred design options are examined in the context of how responsive judges engage with supportive, replacement and disruptive technologies in courts.This book explores current issues regarding the responsiveness of the justice system in the pandemic era. In addition, how technology can respond and shift justice processes is a growing field of research, for judges, scholars, students and justice commentators. It provides a much-needed resource on an increasingly important topic.Trade Review‘One of Australia’s most innovative and forward-thinking lawyers has written an important book about technology in the courts and the use that can be made of artificial intelligence (AI). Sourdin is much more than a tech-nerd. She views technology not as a replacement for judges but as an aid for enhancing the work of the justice system with the potential to improve decision-making and reduce cost and delay.’ -- Ian Freckelton AO QC, Law Institute Journal'This book focuses on how new information technologies can support judges and lawyers. It explores the extent to which technological developments might replace judges, in at least some aspects of their work. Human justice requires protection of ethical frameworks, litigant vulnerability and sensitivity to diversity. The author is aware of the limits of change. But no practitioner can be complacent about difficulties and costs of access to the law. The author challenges us to think creatively and questioningly about the status quo.' -- The Honorable Michael Kirby AC CMG, Past Justice of the High Court of Australia'For fifty years, the legal community has avoided investigating the impact that Artificial Intelligence might have on the law. Then suddenly it has become petrified that robo-justice might become the norm. Tania Sourdin is an esteemed scholar and researcher in Artificial Intelligence, technology and law. In her book Judges, Technology and Artificial Intelligence she conducts a comprehensive excellent study of how technology is changing the way that we practice law.' -- John Zeleznikow, Latrobe University Law School, AustraliaTable of ContentsContents: Preface 1. Judges and technology 2. The role and function of a judge: the adoption and adaptation of technology by judges 3. Exploring algorithmic justice 4. Courts and technology 5. Judge v robot or judge and cobot? 6. Better access to justice? 7. Judges, technology and judicial independence 8. Judge AI 9. Ethical issues in Judge AI and judicial technology use 10. Future justice Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index

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Book SynopsisWritten by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.Trade Review'With the recent adoption of the EU Directive on collective redress, a study on the respective rules in the European Rules of Civil Procedure proposed by UNDROIT and ELI is most welcome. These rules are intended to serve as a model for national legislatures, precisely what is needed now in order to implement the new directive. The editors assembled a team of leading academics and practitioners from around the globe. The book is well-organized and not only provides a succinct commentary on the ERCP rules on collective redress, but goes beyond that by contributing to a truly in-depth understanding of the subject of collective redress in general.' -- Georg Kodek, Vienna University of Economics and Business, Austria'The concept of developing model rules for a European Civil Procedure Code has, as its zenith, the topic of collective redress, given the longstanding variances of legal attitude, culture, substantive law, and procedural rules across the EU member states on this intricate topic. This ambitious work, via its various contributors, makes an important and thoughtful contribution to the collective redress journey, by drawing out the differences, and commonalities, that inform the essential ability of any legal system to enable access to justice for those who could not otherwise afford it.' -- Professor Rachael Mulheron, Queen Mary University of London, UK'A specifically European model of collective redress is taking shape. Its progressive construction owes much to lessons learned from across the Atlantic, so that its design can be seen in many ways as a response to what was long seen as American exceptionalism. As Europe opens up to aggregate litigation and the emergence of "the statistical victim" (famously so-termed by Sheila Jasanoff), the analyses provided in this book will serve usefully to navigate the complex procedural issues that accompany the transplant.' -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: 1. General introduction Astrid Stadler, Emmanuel Jeuland and Vincent Smith 2. The concept of ‘party’ Emmanuel Jeuland 3. Joinder, consolidation and group claims Vincent Smith 4. Change of parties: representation, substitution, assignment Emmanuel Jeuland 5. Introduction: collective redress Astrid Stadler, Emmanuel Jeuland and Vincent Smith 6. Type of claim, structure and certification of collective proceedings Astrid Stadler 7. Legal standing in collective redress Ianika Tzankova 8. Case management and the role of the judge Magne Strandberg and Vincent Smith 9. Evidence in collective redress proceedings under the ERCP Fernando Gascón Inchausti 10. Calculating compensation in collective redress claims Nils von Hinten-Reed 11. Collective settlements Astrid Stadler 12. Costs and funding of collective redress proceedings Stefaan Voet 13. Cross-border issues Michael Stürner 14. ERCP collective redress and the wider world Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr. Index

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Book SynopsisThis discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. ZhangTrade Review'This book is a survival tool for judges who are increasingly required to respond to legal action meant to protect the earth from the existential threat to human civilization posed by global warming. Christina Voigt and Zen Makuch have assembled authors who affirm that there is no greater force to protect Earth and its habitants than the environmental rule of law.' --Michael D. Wilson, Hawaii Supreme Court, US'From pioneers to latecomers, the role of Courts in relation to environmental protection has oscillated in ways that make their overall contribution difficult to assess. This book is a significant addition to the mapping and stock-taking effort. It shows that, in practice, Courts are indeed playing a very important role in adapting legal systems to the need to conserve the environment.' --Jorge E. Viñuales, University of Cambridge, UKTable of ContentsContents: Part I Conceptualizing the Role of Courts in Protecting the Environment 1. The Nature of Courts Nicholas Robinson 2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development Brian Preston, Paul Martin and Amanda Kennedy 3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution Trevor Daya-Winterbottom Part II Taking the Lead: The Court as Trailblazer for Environmental Protection 4. Ghana’s Courts and Environmental Rule of Law Godwin E. K. Dzah 5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes 6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis Stellina Jolly and Zen Makuch Part III Access to Justice for the Environment 7. Inviting Civil Society to the Table: The Case of the African Commission Nora Ho Tu Nam 8. Collective Environmental Litigation in Colombia: An Empirical Assessment Everaldo Lamprea and Angela M. Páez 9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System Lauren Butterly and Rachel Pepper 10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law Zhuoxian Zhang 11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine Oleksandra Chornous and Nicolay Kichigin Part IV Courts in Action 12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs María Augusta León Moreta and Gloria Bingyu Liu 13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts Yetty Komalasari Dewi and Anbar Jayadi 14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment? Otto Spijkers 15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation David Hodas 16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary Ria Guidone and Holly Jonas 17. Swedish Environmental Courts – Specialized Civil and Administrative Courts Anders Bengtsson Index

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Book SynopsisThis innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.Trade Review‘This book will be valuable to any scholar interested in the preliminary reference procedure and the overall functioning of the EU legal system. The unique aspect of the book is its interdisciplinary approach, which successfully combines legal analysis with the exploration of interview data. Another of the book’s strengths is its comprehensiveness with regard to the analysis of the different stages of the preliminary reference procedure.’ -- Karin Leijon, European Law Review‘The book is a more than welcome addition to the literature that exists on the preliminary reference procedure. Krommendijk synthesizes much of the earlier work that has been done on the motivations to refer, and compares and contrasts these works with his findings. This results in a very useful catalogue of reasons to refer which will prove useful for any further examination of the topic, whether through qualitative or quantitative methods.’ -- Lucia van der Meulen, Common Market Law Review‘This book is a very welcome addition to the small but growing literature providing qualitative empirical insight into the practice of a range of national courts in relation to the preliminary reference procedure of EU law, and how those judges perceive the procedure and the role of the Court of Justice. Thoughtfully and carefully written, and based on case-law analysis as well as primary interviews with judges from three national jurisdictions, the book offers a rich and nuanced picture of the facts which influence national judges when deciding whether to refer to Luxembourg, as well as how they respond to the rulings given by the ECJ to the questions they refer.’ -- Gráinne de Búrca, New York University Law School, USTable of ContentsContents: 1. Introduction to National Courts and Preliminary References to the Court of Justice 2. Legal formalism versus pragmatism 3. Other non-political considerations and factors 4. Politico-strategic reasons 5. The interaction: dialogue or monologue? 6. Perspectives on the answers of the ECJ 7. Follow-up: strict adherence or divergence? 8. Conclusions to National Courts and Preliminary References to the Court of Justice Bibliography Index

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Book SynopsisOver the last three decades, the use of mathematical methods and logic and the innovative application of game theoretic, economic and statistical methods have reshaped the way scholars of legal evidence and procedure think about core features of the current legal system and the construction of an ideal justice system. In this comprehensive collection, Professor Sanchirico has brought together the major breakthroughs in this exciting confluence of scholarly methods and concerns. Volume I corresponds in essence to the legal field of procedure. It includes papers which focus mainly on events which surround and are influenced by trial, rather than on trial itself: such events include the decision to sue, the settlement of disputes out of court and 'primary activity' behaviour, such as contractual performance, product design or precaution in hazardous activities. Volume II corresponds more to the field of evidence. It delves into the workings of the trial process itself and investigates the interaction between the actual mechanics of trial on the one hand and filing, settlement, and primary activity behaviour on the other.Table of ContentsContents: Volume I Acknowledgements Introduction to Volume I Chris William Sanchirico PART I MODELS WITH EXOGENOUS LITIGATION SPENDING A Settlement and Plea Bargaining: Cooperative Game Theory Approach 1. Richard A. Posner (1973), excerpts from ‘An Economic Approach to Legal Procedure and Judicial Administration’ 2. John P. Gould (1973), excerpt from ‘The Economics of Legal Conflicts’ 3. William M. Landes (1971), excerpt from ‘An Economic Analysis of the Courts’ B Settlement and Plea Bargaining: Asymmetric Information Models 4. Lucian Arye Bebchuk (1984), ‘Litigation and Settlement under Imperfect Information’ 5. Kathryn E. Spier (1992), ‘The Dynamics of Pretrial Negotiation’ 6. Jennifer F. Reinganum and Louis L. Wilde (1986), ‘Settlement, Litigation, and the Allocation of Litigation Costs’ C The Selection of Disputes for Litigation 7. George L. Priest and Benjamin Klein (1984), excerpts from ‘The Selection of Disputes for Litigation’ 8. Steven Shavell (1996), ‘Any Frequency of Plaintiff Victory at Trial is Possible’ 9. Joel Waldfogel (1995), ‘The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory’ D The Allocation of Legal Costs 10. Steven Shavell (1982), ‘Suit, Settlement, and Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs’ 11. Geoffrey P. Miller (1986), ‘An Economic Analysis of Rule 68’ E Negative Expected Value Suits 12. Lucian Arye Bebchuk (1988), ‘Suing Solely to Extract a Settlement Offer’ 13. Lucian Arye Bebchuk (1996), ‘A New Theory Concerning the Credibility and Success of Threats to Sue’ F Discovery 14. Robert D. Cooter and Daniel L. Rubinfeld (1994), ‘An Economic Model of Legal Discovery’ 15. Henry S. Farber and Michelle J. White (1991), ‘Medical Malpractice: An Empirical Examination of the Litigation Process’ 16. Bruce L. Hay (1994), ‘Civil Discovery: Its Effects and Optimal Scope’ G Litigation and Primary Activity Incentives 17. Steven Shavell (1982), ‘The Social versus the Private Incentive to Bring Suit in a Costly Legal System’ 18. Susan Rose-Ackerman and Mark Geistfeld (1987), ‘The Divergence between Social and Private Incentives to Sue: A Comment on Shavell, Menell, and Kaplow’ 19. A. Mitchell Polinsky and Daniel L. Rubinfeld (1988), ‘The Welfare Implications of Costly Litigation for the Level of Liability’ 20. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liablility: Optimal Incentives for Care and Litigation’ PART II MODELS WITH ENDOGENOUS LITIGATION SPENDING A The Litigation Expenditure Game 21. Richard A. Posner (1973), excerpts from ‘An Economic Approach to Legal Procedure and Judicial Administration’ 22. Avery Katz (1988), ‘Judicial Decisionmaking and Litigation Expenditure’ 23. George B. Shepherd (1999), ‘An Empirical Study of the Economics of Pretrial Discovery’ B How Results Change when Spending is Endogenous 24. Ronald Braeutigam, Bruce Owen and John Panzar (1984) ‘An Economic Analysis of Alternative Fee Shifting Systems’ 25. Albert Choi and Chris William Sanchirico (2004), ‘Should Plaintiffs Win What Defendants Lose? Litigation Stakes, Litigation Effort, and the Benefits of Decoupling’ Name Index Volume II Acknowledgements Introduction to Volume II Chris William Sanchirico PART I THE PRODUCTION AND INTERPRETATION OF LEGAL EVIDENCE: FOUR APPROACHES A Pure Probabilistic Deduction 1. Richard O. Lempert (1977), ‘Modeling Relevance’ 2. Ronald J. Allen (1986), ‘ A Reconceptualization of Civil Trials’ B Omission Models 3. Paul Milgrom and John Roberts (1986), ‘Relying on the Information of Interested Parties’ C Endogenous Cost Evidence 4. Chris William Sanchirico (2001), ‘Relying on the Information of Interested – and Potentially Dishonest – Parties’ D Correlated Private Information 5. Chris William Sanchirico (2000), ‘Games, Information, and Evidence Production: With Application to English Legal History’ PART II TRUTH FINDING VERSUS PRIMARY ACTIVITY INCENTIVE SETTING 6. Richard A. Posner (1973), excerpts from ‘An Economic Approach to Legal Procedure and Judicial Administration’ 7. Louis Kaplow and Steven Shavell (1996), ‘Accuracy in the Assessment of Damages’ 8. Kathryn E. Spier (1994), ‘Settlement Bargaining and the Design of Damage Awards’ PART III ADVERSARIAL PROCESS VERSUS INQUISITORIAL PROCESS A Balance or Bias in Adversarial Competition 9. Luke M. Froeb and Bruce H. Kobayashi (1996), ‘Naive, Biased, yet Bayesian; Can Juries Interpret Selectively Produced Evidence?’ 10. Andrew F. Daughety and Jennifer F. Reinganum (2000), ‘On the Economics of Trials: Adversarial Process, Evidence, and Equilibrium Bias’ B Explicit Comparison 11. Hyun Song Shin (1998), ‘Adversarial and Inquisitorial Procedures in Arbitration’ 12. Luke M. Froeb and Bruce H. Kobayashi (2001), ‘Evidence Production in Adversarial vs. Inquisitorial Regimes’ 13. Francesco Parisi (2002), ‘Rent-seeking through Litigation: Adversarial and Inquisitorial Systems Compared’ PART IV SPECIFIC RULES OF EVIDENCE AND PROCEDURE A Proof Burdens 14. David Kaye (1982), ‘The Limits of the Preponderance of the Evidence Standard: Justifiably Naked Statistical Evidence and Multiple Causation’ 15. Chris William Sanchirico (1997), ‘The Burden of Proof in Civil Litigation: A Simple Model of Mechanism Design’ 16. Bruce L. Hay and Kathryn E. Spier (1997), ‘Burdens of Proof in Civil Litigation: An Economic Perspective’ B Character Evidence 17. Chris Sanchirico (2001), excerpts from ‘Character Evidence and the Object of Trial’ C Hearsay 18. Richard D. Friedman (1992), excerpts from ‘Toward a Partial Economic, Game-Theoretic Analysis of Hearsay’ D Privilege 19. Stephen McG. Bundy and Einer Richard Elhauge (1991), excerpts from ‘Do Lawyers Improve the Adversary System? A General Theory of Litigation Advice and Its Regulation’ E Perjury, Obstruction of Justice and Similar Sanctions: Optimal Level 20. Steven Shavell (1989), ‘Optimal Sanctions and the Incentive to Provide Evidence to Legal Tribunals’ 21. Chris William Sanchirico (2004), excerpts from ‘Evidence Tampering’ F Perjury, Obstruction of Justice and Similar Sanctions: Optimal Structure 22. Chris William Sanchirico (2004), excerpt from ‘Evidence Tampering’ Name Index

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Book SynopsisThe inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis's predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis's opinions. Covering a diverse range of EU law topics, this book will be of great interest to anyone seeking a greater insight into the workings of the European Court of Justice and the role of the Advocate General, and also for anyone involved in the academic study of EU law or practising and litigating in the field. Making Community Law should provide a rich treasury of ideas, explaining both the current state of EU jurisprudence as well as considering the next steps in the making of EU law.Trade Review'This aptly-titled book, describing Sir Francis Jacobs' career as one of the ECJ's longest-serving Advocates General, also offers a unique insight into the Court's "judge-made law". The contributors, all pre-eminent in their respective fields, show how a widely-respected advocate-general can, through the intellectual force of his opinions, not only recommend, guide and warn the Court, but even on occasion persuade it to reverse its earlier case-law. Essential reading for those who need to understand the Court's internal dynamics.' -- Judge Nicholas Forwood, Court of First Instance of the European Communities'Second longest serving Advocate General at the European Court of Justice; 574 Opinions to his name. This excellent book is an unqualified acknowledgement of Francis Jacobs' towering influence in the world of Community law. But it is much more than a festschrift, though it is certainly that. It is a collection of scholarly essays, of real value to academics and practitioners alike, by some of our foremost European lawyers: a textbook as well as a celebration.' -- The Rt Hon Lord Justice Laws, Royal Courts of Justice, UK'This is a readable book which will help parties and the court to solve problems. Counsel and solicitors in cases involving European Law should use it to help them give clear advice and make clear submissions with a prospect of success. For my part, I shall now re-read one of the chapters, and the Jacobs opinions referred to in it, in order to stimulate my mind on what I trust will as a result become a clearer judgment.' -- The Rt Hon Sir Konrad Schiemann, Judge of the Court of Justice of the European CommunitiesTable of ContentsContents: Foreword Sir Christopher Bellamy Preface The Rt Hon. The Lord Slynn of Hadley Introduction Philip Moser and Katrine Sawyer 1. A Consumer’s Appreciation of the Contribution of Advocate General Francis Jacobs to the Shaping of the EC’s Legal Order Stephen Weatherill 2. Fundamental Rights Paul Craig 3. Locus Standi of Individuals under Article 230(4): The Return of Euridice? Takis Tridimas and Sara Poli 4. Links with National Courts Sir John Mummery 5. Competition Law Richard Whish 6. Free Movement of Goods and Services Catherine Barnard 7. Citizenship of the Union Eleanor Sharpston 8. External Relations Richard Plender 9. Intellectual Property Christopher Morcom 10. Temporal Limitation in EU Law David Vaughan Postscript Anthony Arnull Index

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Book SynopsisWith contributions from some of the leading scholars in law and economics, this comprehensive book summarizes the state of economic research on litigation, procedure and evidence. Among the topics covered are the settlement negotiations; discovery; the incentive to sue; theories of legal evidence; evidentiary misconduct; and the privilege against self-incrimination. Procedural Law and Economics will be a valuable reference tool for academics and post graduate students in law, business, and economics. Anyone with a general interest how legal process does and should work will also find much to interest them in this book. Contributors include: L. Bebchuk, R. Bone, A. Daughety, L. Froeb, G. Hadfield, K. Hylton, A. Katz, A. Klement, B. Kobayashi, L. Kornhauser, H. Lin, T. Miceli, T. Miles, E.A. O'Hara, J. Reinganum, L. Ribstein, C. Sanchirico, A. SteinTrade Review'The second edition of Procedural Law and Economics is an expanded and updated collection that highlights new developments and reiterates older themes. The volume will be essential reading both for economists who want an introduction to a core legal subject, and for legal scholars seeking new insights into the such topics as settlement, fee shifting, and class actions.' --Susan Rose-Ackerman, Yale University, US'The book is quite rightly referred to as essential reading for economists, graduate students in economics (of course), as well as those in law and business. . . the book is useful as a research tool, with any number of footnotes and bibliographies.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction 1. Adversarial versus Inquisitorial Justice Luke M. Froeb and Bruce H. Kobayashi 2. Appeal and Supreme Courts Lewis A. Kornhauser 3. Attorney-Client Confidentiality Gillian K. Hadfield and Shmuel Leshem 4. Class Action Robert G. Bone 5. Conflict of Laws and Choice of Law Erin O’Hara O’Connor and Larry E. Ribstein 6. Criminal Procedure: Empirical Analysis Thomas J. Miles 7. Detection Avoidance and Enforcement Theory Chris William Sanchirico 8. Discovery Robert G. Bone 9. Evidence: Theoretical Models Chris William Sanchirico 10. Fee Shifting Avery Wiener Katz and Chris William Sanchirico 11. Judicial Organization and Administration Lewis A. Kornhauser 12. Negative-Expected-Value Suits Lucian A. Bebchuk and Alon Klement 13. Preclusion Robert G. Bone 14. Self-incrimination Alex Stein 15. Settlement Andrew F. Daughety and Jennifer F. Reinganum 16. The Social versus Private Incentive to Sue Thomas J. Miceli 17. Trial Selection Theory and Evidence Keith N. Hylton and Haizhen Lin Index

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Book SynopsisSeated in The Hague (Netherlands), the International Court of Justice is the highest court in the world and the only one with both general and universal jurisdiction. This sixth edition of The International Court of Justice Handbook aims to provide, without excessive detail, the basis for a better practical understanding of the facts concerning the history, composition, jurisdiction, procedure and decisions of the Court. In no way does it commit the Court, nor does it provide any interpretation of the Court's decisions, the actual texts of which alone are authoritative. The information contained in this handbook was last updated on 31 December 2013

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Book SynopsisHow could the man who presided over so many controversial Supreme Court decisions and led such a notable political career seem to be, and be regarded as, a person of quite modest presence and abilities? White, a former law clerk to Warren, goes back to Warren's roots in Progressivism to demonstrate the underlying consistencies beneath the apparent paradoxes of the man's career.Trade Review"White's splendid new biography helps us to understand better Warren's remarkable career from district attorney of Alameda County, California, to Chief Justice of the United States....[It] establishes White as one of our premier legal historians."--American Bar Foundation Research Journal"The first significant legal biography of Chief Justice Earl Warren."--Stanford Law Review"White's analysis is penetrating, his literary style engaging."--Political Science Quarterly"A fascinating book about a towering figure of our time."--Virginia Quarterly Review"A serious and fascinating study, relating Warren the man and Warren the judge, and throwing fresh light on an amazing period in the Supreme Court's history."--Anthony Lewis, The New York Times Book Review"Seems likely to serve for some time as the standard against which other biographies of the controversial chief justice will be measured."--American Historical Review"An excellent introduction to a major figure in twentieth-century American history...solid, informative, and perceptive."--Journal of American History"Mr. White has written an exciting biography of this great man and provided...a wealth of material for the continuing debate over Warren's role."--The New Republic"A first-rate biography."--Journal of Southern History"The most important book about the law published this year. Both a fresh exploration of one of the most astonishing political metamorphoses in American history, and a profound but readable explanation of some of the main problems of constitutional law and jurisprudence."--Baltimore Sun"White has gone beyond the labels and given us the man....[He] makes a serious and usually successful effort to show us the people and forces, events, idea, plans and accidents that made Warren what he became."--Los Angeles Times"White is remarkably successful....[He] develops a thesis of Warren's decision-making process with which every future Warren biographer or Supreme Court historian will have to cope."--Washington Post Book World"White's 'interpretive biography' of Earl Warren as Jurist and Man rather than lengthy life history is particularly well suited to political science classes and teaches the richness of the American judicial process in the life of a most interesting Chief Justice."--Bradley S. Chilton, University of Southern Mississippi"[A] valiant biography....Thanks to White's honesty, skill, and diligence, it is a reliable collection of materials providing an opportunity to appraise Warren's judicial performance as a whole, an opportunity that non-specialists rarely have for any member of the Court."--Yale Law Journal

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Book SynopsisOriginally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today. Table of ContentsAuthors Note Introduction 1. The Court of the Anglo-Saxons 2. The Age of the Travelling Justices, 1066-c.1300 3. English Law Courts in the Middle Ages Documents Index

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Book SynopsisVolume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service.This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The oTrade Review"I have loved reading these books. I am touched by the hermeneutic empathy with which the authors approach the voices of their sources. If we read these books attentively, we find that they contain immense resources for rethinking our criminal justice fix. I look forward to completing the set."Professor Richard Sparks, University of Edinburgh, Journal of Law and SocietyTable of Contents1. Institution-Building: The Courts Act 1971, c23 and the founding of the Crown Court: I 2. Institution-Building: The Courts Act 1971, c23 and the founding of the Crown Court: II 3. Institution-Building: The Courts Act 1971, c23 and the founding of the Crown Court: III 4. Institution-Building: The Courts Act 1971, c23 and the founding of the Crown Court: IV 5. Institution-Building: An Independent Prosecution Service - The Prosecution of Offences Act 1985, c. 23: I Preamble 6. Institution-Building: An Independent Prosecution Service - The Prosecution of Offences Act 1985, c. 23: II The Death of Maxwell Confait 7. Institution-Building: An Independent Prosecution Service - The Prosecution of Offences Act 1985, c. 23: III Inquiries 8. Institution-Building: An Independent Prosecution Service - The Prosecution of Offences Act 1985, c. 23: IV Legislation 9. Institution-Building: An Independent Prosecution Service - The Prosecution of Offences Act 1985, c. 23: V Implementation

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