Adjudication And Its Alternatives
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Author | : Owen M. Fiss |
Publisher | : Foundation Press |
Total Pages | : 1290 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
The casebook provides detailed information on procedure. It includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Author | : Eric P. Perramond |
Publisher | : Univ of California Press |
Total Pages | : 254 |
Release | : 2018-11-06 |
Genre | : Social Science |
ISBN | : 0520971124 |
In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.
Author | : Peter Cane |
Publisher | : Bloomsbury Publishing |
Total Pages | : 550 |
Release | : 2009-08-03 |
Genre | : Law |
ISBN | : 1847317529 |
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.
Author | : Robert J. MacCoun |
Publisher | : |
Total Pages | : 134 |
Release | : 1988 |
Genre | : Arbitration and award |
ISBN | : 9780833009258 |
In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits. In order to evaluate the program, the Institute for Civil Justice (ICJ) examined court records for a random sample of more than 1,000 auto negligence cases filed in either 1983 (pre-arbitration) or 1985 (post-arbitration), and surveyed approximately 300 litigants and 400 attorneys. No significant changes in trial rates or litigation costs were found. However, the program has had some unanticipated effects. Cases that are assigned to the program are significantly less likely to settle privately without a third-party hearing and, on average, take significantly longer to terminate than in the pre-arbitration period. Both litigants and attorneys evaluate arbitration hearings quite favorably. It appears that the program is providing disputants greater access to third-party hearings, but not greater efficiency.
Author | : David E. Aaronson |
Publisher | : |
Total Pages | : 184 |
Release | : 1977 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Author | : Judith Resnik |
Publisher | : |
Total Pages | : 411 |
Release | : 2004 |
Genre | : |
ISBN | : 9781587786754 |
Author | : William Michael Reisman |
Publisher | : |
Total Pages | : 200 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down. Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others. Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.
Author | : Christina L. Davis |
Publisher | : Princeton University Press |
Total Pages | : 345 |
Release | : 2012-05-27 |
Genre | : Political Science |
ISBN | : 1400842514 |
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author | : Neil K. Komesar |
Publisher | : University of Chicago Press |
Total Pages | : 304 |
Release | : 1997-01-15 |
Genre | : Law |
ISBN | : 9780226450896 |
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
Author | : Susan Blake |
Publisher | : Oxford University Press, USA |
Total Pages | : 651 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198714475 |
A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Diagrams and figures from the book