Shadow Justice

Shadow Justice

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  • Author: Christin Harrington
  • Publisher: Praeger
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 240

This first critical examination of informal dispute processing links the institutionalization of alternatives to the court process and the ideology of informalism with the evolution of the American court system. The author connects dispute processing reform to the broader social and political context in which it developed, including the rise of judicial management in the Progressive period and the reconstruction of court unification in the 1970s. Harrington defines legal resources and their distribution in alternative dispute resolution policy before focusing on the institutionalization of this reform in a case study of a federally sponsored Neighborhood Justice Center. In conclusion, Harrington finds that the symbols of informalism and its institutions are a mere shadow of conventional legal practices.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

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  • Author: American Bar Association. House of Delegates
  • Publisher: American Bar Association
  • ISBN: 9781590318737
  • Category : Law
  • Languages : en
  • Pages : 216

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Civil Appeals

Civil Appeals

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  • Author: Michael Burton
  • Publisher: Xpl Pub
  • ISBN: 9781858113791
  • Category : Law
  • Languages : en
  • Pages : 600

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections


Instead of Court

Instead of Court

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  • Author: Edwin McCarthy Lemert
  • Publisher:
  • ISBN:
  • Category : Juvenile courts
  • Languages : en
  • Pages : 108


The Case Against the Supreme Court

The Case Against the Supreme Court

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  • Author: Erwin Chemerinsky
  • Publisher: Penguin Books
  • ISBN: 0143128000
  • Category : History
  • Languages : en
  • Pages : 402

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.


Representing Yourself in Federal Court

Representing Yourself in Federal Court

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  • Author: United States Disctrict Court
  • Publisher: Createspace Independent Publishing Platform
  • ISBN: 9781974174607
  • Category :
  • Languages : en
  • Pages : 76

This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.


Judging Statutes

Judging Statutes

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  • Author: Robert A. Katzmann
  • Publisher: Oxford University Press
  • ISBN: 0199362149
  • Category : Law
  • Languages : en
  • Pages : 256

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.


California Style Manual

California Style Manual

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  • Author: Bernard Ernest Witkin
  • Publisher:
  • ISBN:
  • Category : Annotations and citations (Law)
  • Languages : en
  • Pages : 244


Supreme Inequality

Supreme Inequality

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  • Author: Adam Cohen
  • Publisher: Penguin
  • ISBN: 0735221529
  • Category : Political Science
  • Languages : en
  • Pages : 458

“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.


Access to Justice

Access to Justice

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  • Author: Rebecca L. Sanderfur
  • Publisher: Emerald Group Publishing
  • ISBN: 1848552432
  • Category : Social Science
  • Languages : en
  • Pages : 288

Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.