Trends In The Judiciary
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Author | : Charles Campbell |
Publisher | : National Center for State Courts |
Total Pages | : 73 |
Release | : 2020-07-14 |
Genre | : Law |
ISBN | : 0896563197 |
Trends in State Courts is an annual, peer-reviewed publication that highlights innovative practices in critical areas that are of interest to courts, and often serves as a guide for developing new initiatives and programs and supporting policy decisions. This year's Trends looks at leading during a pandemic, virtual remote interpreting, online dispute resolution, case management systems, new data systems for drug treatment courts, legal icons as a plain language tool, family justice initiative, the impact of labeling youth sexual offenders, parental alienation, divorces among senior citizens, state court collaboration across systems, what happens when a judge's personal opinion collides with the law, building trust, and racial justice.
Author | : Timothy S. Huebner |
Publisher | : University of Georgia Press |
Total Pages | : 288 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 9780820332369 |
This first book to examine the lives and work of nineteenth-century southern judges explores the emergence of a southern judiciary and the effects of regional peculiarities and attitudes on legal development. Drawing on the judicial opinions and private correspondence of six chief justices whose careers span both the region and the century, Timothy S. Huebner analyzes their conceptions of their roles and the substance of their opinions related to cases involving homicide, economic development, federalism, and race. Examining judges both on and off the bench--as formulators of law and as citizens whose lives were intertwined with southern values--Huebner reveals the tensions that sometimes arose out of loyalties to sectional principles and national professional consciousness. He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development. This book adds to our understanding of both southern distinctiveness and American legal culture.
Author | : Wendell C. Wallace |
Publisher | : Routledge |
Total Pages | : 369 |
Release | : 2021-12-30 |
Genre | : Social Science |
ISBN | : 0429536127 |
Trends in the Judiciary: Interviews with Judges from Across the Globe, Volume Four, provides insights into the lives, working environments, and social milieus of a select group of judges. These legal luminaries, often viewed as pedantic in their ontology, serve the crucial role of preserving the human rights of individuals. This text offers detailed data emanating from the narratives of judges who were interviewed by a wide range of academicians, from emerging and mid-career scholars to professionals and established professors. The narratives of the judges are interspersed with research data and country details in an effort to enhance the knowledge base of the readership. Judges from Asia, Africa, the Caribbean, Europe, the Pacific Islands, New Zealand, North America, and South America all contributed to this text by sharing information on their careers as well as insights as they traversed their profession. The readership of this manuscript will experience the thought processes of judges in relation to the social, cultural, economic, and political context of their respective nations and the gender issues, subtle attempts at juridical control, dealing with powerful criminals, and the lives of judges who have other interests besides "interpreting and applying the law." The international, cross-cultural perspectives presented in this book should be of significant interest to academics, practitioners, students, criminologists, and the criminal justice community, and those interested in comparative legal studies across the globe.
Author | : David Lowe |
Publisher | : CRC Press |
Total Pages | : 376 |
Release | : 2015-02-06 |
Genre | : Law |
ISBN | : 1482219166 |
The term judicial opinion can be a misnomer as rarely are judges’ true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices from different legal systems to provide a scintillating look at how they view their jobs and cope with difficult legal matters. Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial governance. This is followed by an interview with a judge or justice in the particular jurisdiction. They discuss their careers, personal judicial philosophies, the problems and successes they’ve experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer’s assessment and observations. This structure allows readers to easily compare the views of judges and to see the similarities, the differences, and the uniqueness of the different legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a great breadth of understanding of global justice.
Author | : Tania Sourdin |
Publisher | : Edward Elgar Publishing |
Total Pages | : 320 |
Release | : 2021-05-28 |
Genre | : Law |
ISBN | : 1788978269 |
New 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.
Author | : Adam Bonica |
Publisher | : Cambridge University Press |
Total Pages | : 335 |
Release | : 2020-12-17 |
Genre | : Law |
ISBN | : 1108841368 |
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Author | : Ridwanul Hoque |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 395 |
Release | : 2011-01-18 |
Genre | : Law |
ISBN | : 144382822X |
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Author | : C Neal Tate |
Publisher | : NYU Press |
Total Pages | : 482 |
Release | : 1997-06-01 |
Genre | : Political Science |
ISBN | : 0814770061 |
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 394 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author | : Robert Schafer |
Publisher | : |
Total Pages | : 116 |
Release | : 2021 |
Genre | : Apportionment (Election law) |
ISBN | : 9781639050345 |
Introduction -- Congressional Districts -- Political question -- One person, one vote -- State Legislative Districts -- Gerrymandering -- Manageable standard for resolving gerrymandering -- Conclusion.