The Judicial Tug Of War
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The Judicial Tug Of War
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Author : Adam Bonica
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
The Judicial Tug Of War written by Adam Bonica and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
A Judicial Tug Of War
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Author : Anirudh Devanathan
language : en
Publisher:
Release Date : 2012
A Judicial Tug Of War written by Anirudh Devanathan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
Symposium
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Author :
language : en
Publisher:
Release Date : 2009
Symposium written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Courts categories.
The Judicial War On Men
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Author : Eric Nelson
language : en
Publisher:
Release Date : 2019-10-30
The Judicial War On Men written by Eric Nelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-30 with categories.
This edition is for judges, law school professors and students, attorneys, academics, and judicial trainers. It contains the full book plus four additional chapters which are heavily cited. This book describes the methodology and mistakes of "experts" who testify about domestic violence. The "circle of experts" phenomenon is described, supplemented by two flow charts showing how it occurs. Several amicus curiae are dissected, each citation being subjected to empirical analysis. The decision in U.S. v. Castleman is subjected to the same scrutiny, all to show how JD's lack empirical training and thus are incapable of recognizing the bad science that lays behind feminist claims made in amicus curiae, and also appellate decisions which cite "research". You will learn how feminist judicial practice is predicated upon the lack of ability of JD's to scrutinize the empirical basis for these works and claims based upon them. Also covered is funding of the family law DVRO machine, a lengthy chapter on the goals and strategies of feminism, an overview of empirical science and its importance in the practice of family law. This is a hard look at an area of extreme vulnerability, and failure, by the judiciary.
Federalism And The Tug Of War Within
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Author : Erin Ryan
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
Federalism And The Tug Of War Within written by Erin Ryan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Deep Roots
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Author : Avidit Acharya
language : en
Publisher: Princeton University Press
Release Date : 2020-03-10
Deep Roots written by Avidit Acharya and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-10 with Political Science categories.
"Despite dramatic social transformations in the United States during the last 150 years, the South has remained staunchly conservative. Southerners are more likely to support Republican candidates, gun rights, and the death penalty, and southern whites harbor higher levels of racial resentment than whites in other parts of the country. Why haven't these sentiments evolved or changed? Deep Roots shows that the entrenched political and racial views of contemporary white southerners are a direct consequence of the region's slaveholding history, which continues to shape economic, political, and social spheres. Today, southern whites who live in areas once reliant on slavery--compared to areas that were not--are more racially hostile and less amenable to policies that could promote black progress. Highlighting the connection between historical institutions and contemporary political attitudes, the authors explore the period following the Civil War when elite whites in former bastions of slavery had political and economic incentives to encourage the development of anti-black laws and practices. Deep Roots shows that these forces created a local political culture steeped in racial prejudice, and that these viewpoints have been passed down over generations, from parents to children and via communities, through a process called behavioral path dependence. While legislation such as the Civil Rights Act and the Voting Rights Act made huge strides in increasing economic opportunity and reducing educational disparities, southern slavery has had a profound, lasting, and self-reinforcing influence on regional and national politics that can still be felt today. A groundbreaking look at the ways institutions of the past continue to sway attitudes of the present, Deep Roots demonstrates how social beliefs persist long after the formal policies that created those beliefs have been eradicated."--Jacket.
The Development Of Human Rights Law By The Judges Of The International Court Of Justice
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Author : Shiv R.S. Bedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-01-18
The Development Of Human Rights Law By The Judges Of The International Court Of Justice written by Shiv R.S. Bedi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-18 with Law categories.
The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.
Shifting Centres Of Gravity In Human Rights Protection
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Author : Oddný Mjöll Arnardóttir
language : en
Publisher: Routledge
Release Date : 2016-02-26
Shifting Centres Of Gravity In Human Rights Protection written by Oddný Mjöll Arnardóttir and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Law categories.
This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Victims Perpetrators And The Role Of Law In Maoist China
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Author : Daniel Leese
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-06-25
Victims Perpetrators And The Role Of Law In Maoist China written by Daniel Leese and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with History categories.
The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”
The Machinery Of Criminal Justice
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Author : Stephanos Bibas
language : en
Publisher: Oxford University Press
Release Date : 2012-02-28
The Machinery Of Criminal Justice written by Stephanos Bibas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-28 with Law categories.
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.