Author: Kāḷīśvaraṃ Rāj
Publisher:
ISBN: 9789350359846
Category : Justice, Administration of
Languages : en
Pages : 179

View

Book Description

Author: Kāḷīśvaraṃ Rāj
Publisher: Universal Law Publishing
ISBN: 9788131253960
Category : Law reform
Languages : en
Pages : 191

View

Book Description

Author: Christopher F. Edley
Publisher: Yale University Press
ISBN: 9780300052534
Category : Law
Languages : en
Pages : 288

View

Book Description
This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.

Author: Elizabeth S Scott
Publisher: Harvard University Press
ISBN: 0674043367
Category : Law
Languages : en
Pages : 379

View

Book Description
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

Author: Susan Rose-Ackerman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328

View

Book Description
Rose-Ackerman sees recent advances in law and economics as an opportunity to tackle some of the failings of the US state. She proposes a progressive and positive agenda of reform rather than simple reduction or expansion of existing functions and services.

Author: Steven Mulroy
Publisher: Edward Elgar Publishing
ISBN: 1788117514
Category :
Languages : en
Pages : 200

View

Book Description
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Category : Political Science
Languages : en
Pages : 283

View

Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Author: Greg Berman
Publisher: The New Press
ISBN: 1620972247
Category : Law
Languages : en
Pages : 136

View

Book Description
As heard on NPR's Fresh Air Recommended by The New York Times' Sam Roberts “Start Here is an urgent and timely primer on the approaches that are working and don’t require federal approval or political revolution to end one of the most pressing justice issues the country faces today.” —Brooklyn Daily Eagle A bold agenda for criminal justice reform based on equal parts pragmatism and idealism, from the visionary director of the Center for Court Innovation, a leader of the reform movement Everyone knows that the United States leads the world in incarceration, and that our political process is gridlocked. What can be done right now to reduce the number of people sent to jail and prison? This essential book offers a concrete roadmap for both professionals and general readers who want to move from analysis to action. In this forward-looking, next-generation criminal justice reform book, Greg Berman and Julian Adler of the Center for Court Innovation highlight the key lessons from these programs—engaging the public in preventing crime, treating all defendants with dignity and respect, and linking people to effective community-based interventions rather than locking them up. Along the way, they tell a series of gripping stories, highlighting gang members who have gotten their lives back on track, judges who are transforming their courtrooms, and reformers around the country who are rethinking what justice looks like. While Start Here offers no silver bullets, it does put forth a suite of proven reforms—from alternatives to bail to diversion programs for mentally ill defendants—that will improve the lives of thousands of people right now. Start Here is a must-read for everyone who wants to start dismantling mass incarceration without waiting for a revolution or permission. Proceeds from the book will support the Center for Court Innovation's reform efforts.

Author: Vincenzo Guido
Publisher:
ISBN: 9781641379915
Category : Law
Languages : en
Pages : 226

View

Book Description
In the criminal justice system, people are cast into polar positions on the good-bad axis: good guys and bad guys. Prosecutors, who wield considerable power and influence in the enforcement of our laws, are almost universally cast as good guys. Seldom is there accountability when they are, in fact, not always good. Rethinking Justice: Inside America's Movement for Prosecution Reform introduces a newly minted generation of prosecutors, intent on holding the entire system accountable and changing the way we handle crime in America. Explore how a prevailing philosophy of retributive over restorative justice has contributed to mass incarceration. Discover what happens when civil servants go beyond filling prisons to address systemic injustices. Meet Portsmouth Commonwealth Attorney Stephanie Morales, whose investment in crime prevention, community building, and restorative justice could provide a model for widespread reform. Through stories and insights from district attorneys, legal scholars, and survivors of a perilously flawed system, Rethinking Justice imagines the tough-on-crime D.A. role recast as a "progressive prosecutor." Is this political paradox even possible?

Author: Laura Ervo
Publisher: Springer Nature
ISBN: 3030748510
Category : Law
Languages : en
Pages : 311

View

Book Description
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.