The View from the Bench and Chambers

Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

Author: Jennifer Barnes Bowie,Donald R. Songer,John Szmer

Publisher: University of Virginia Press

ISBN: 0813936004

Category: Political Science

Page: 296

View: 3334

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For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 6053

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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Issue Salience in International Politics

Author: Kai Oppermann,Henrike Viehrig

Publisher: Routledge

ISBN: 1136725776

Category: Political Science

Page: 304

View: 6003

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This book analyses the salience of foreign and security policy issues to domestic actors, its role in the analysis of international politics and its consequences for foreign policy decision-making. It features studies on Western Europe and North America and addresses European Integration, Foreign and Security Policy and Transatlantic Relations.

Questioning Capital Punishment

Law, Policy, and Practice

Author: James R. Acker

Publisher: Routledge

ISBN: 1317689313

Category: Social Science

Page: 400

View: 809

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The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.

Injustice On Appeal

The United States Courts of Appeals in Crisis

Author: William M. Richman,William L. Reynolds

Publisher: Oxford University Press

ISBN: 0199367051

Category: Law

Page: 256

View: 1307

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The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: OUP Oxford

ISBN: 0191026506

Category: Law

Page: 400

View: 1943

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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

United States Code Service, Lawyers Edition

All Federal Laws of a General and Permanent Nature Arranged in Accordance with the Section Numbering of the United States Code and the Supplements Thereto

Author: United States

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 3177

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Dispute Settlement in the World Trade Organization

Practice and Procedure

Author: David Palmeter,Petros C. Mavroidis

Publisher: Cambridge University Press

ISBN: 9780521530033

Category: Business & Economics

Page: 330

View: 2146

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The authors discuss all World Trade Organization (WTO) dispute settlements and their interpretation in WTO jurisprudence. Although the book contains considerable technical expertise, it is accessible to a wide readership.

Rights and Courts in Pursuit of Social Change

Legal Mobilisation in the Multi-Level European System

Author: Dia Anagnostou

Publisher: Bloomsbury Publishing

ISBN: 1782251871

Category: Law

Page: 261

View: 3381

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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?

Jackson's Machinery of Justice

Author: Richard Meredith Jackson,J. R. Spencer

Publisher: Cambridge University Press

ISBN: 9780521317672

Category: Law

Page: 543

View: 8136

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Jackson's classic text has been revised and updated for the times.

Single Parent Families

Diversity, Myths and Realities

Author: Marvin B Sussman,Shirley Hanson

Publisher: Routledge

ISBN: 1317764595

Category: Family & Relationships

Page: 632

View: 6323

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Here is a comprehensive source of vital information on single parent families in contemporary society. This book analyzes literature and empirical research concerning single parent families and explores issues and challenges they face. Contributing authors from many fields and perspectives examine a broad range of subjects relating to families in which one person is primarily responsible for parenting. The only state-of-the-art compendium on the topic of single parent families available today, the book synthesizes empirical, theoretical, and contemporary literature about the diversity, myths, and realities of single parent families in western countries. Each chapter contains a demographic overview, definitions, a literature review, and implications for practice, research, education, and social policy. Theoretical and conceptual perspectives related to parenting and wider families are included. An analysis, synthesis, and commentary on single parent families concludes the volume. Themes highlighted throughout the book include socioeconomic and demographic characteristics of single parent families, cultural and ethnic features, and legal and ethical components. Some chapter topics include: single parenthood following divorce single parenthood following death of a spouse never married teen mothers and fathers female-headed homeless families adoptions by single parents noncustodial mothers and fathers grandparents as primary parents single parents of children with disabilities Single Parent Families contains additional resources useful for family professionals: an annotated bibliography, a video/filmography, and a national community resource list. The book is intended for a multidisciplinary audience, including sociologists, psychologists, health care professionals, social workers, therapists, and other researchers, clinicians, policymakers, and educators. An ideal primary or reference text for undergraduate and graduate level programs, the book can also serve as a tool for staff development and continuing education in service agencies.

WTO

World Economic Order, World Trade Law

Author: Peter-Tobias Stoll,Frank Schorkopf

Publisher: Martinus Nijhoff Publishers

ISBN: 900414496X

Category: Law

Page: 291

View: 1832

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This book describes the institutional system the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structure and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.

Mediation Law and Practice

Author: David Spencer,Michael Brogan,Michael C. Brogan

Publisher: Cambridge University Press

ISBN: 9780521676946

Category: Law

Page: 520

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"This book is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution.

Thurman Arnold

A Biography

Author: Spencer Weber Waller,Thurman Wesley Arnold

Publisher: NYU Press

ISBN: 0814793924

Category: Biography & Autobiography

Page: 273

View: 4786

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The Book of Viráta details the Pándavas’ 13th year in exile, when they live disguised in King Viráta's court. They suffer the humiliation of becoming servants; a topic explored both through comedy and pathos. Having maintained their disguise until the very end of the year, then their troubles really begin. Bhima is forced to come to Dráupadi's rescue when King Viráta's general, Kíchaka, sets his sights on her. Duryódhana and the Tri·gartas decide to invade the defeated Viráta's kingdom, unaware the Pándavas are hidden there. In the ensuing battles the Pándavas play a crucial role, save Viráta and reveal their true identities. The book ends in celebration, with the Pándavas ready to return from exile and reclaim their kingdom. However, the battles in “Viráta” foreshadow the war to come, proving it will not be easy. Co-published by New York University Press and the JJC Foundation For more on this title and other titles in the Clay Sanskrit series, please visit http://www.claysanskritlibrary.org

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 8499

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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Domestic Regulation and Service Trade Liberalization

Author: Pierre Sauve,Aaditya Mattoo

Publisher: World Bank Publications

ISBN: 0821383434

Category: Political Science

Page: 244

View: 2338

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Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.