Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court's power to order a convicted person to ...make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.
THE STRUCTURES OF LOCAL COURTS Weinstein-Tull, Justin
Virginia law review,
09/2020, Letnik:
106, Številka:
5
Journal Article
Recenzirano
Local courts are, by far, the most commonly used courts in our justice system. Cases filed in local courts outnumber those filed in federal court by a factor of over two hundred. Few litigants who ...receive local-court judgments appeal the matter further. The justice we possess is thus largely the justice created by local courts, but they are largely absent from the law school curriculum. We know astonishingly little about them.
This Article begins to remedy that absence by providing a structural account of local courts that situates them as distinct institutions within the justice system. Because local courts are influenced by all levels of government—federal, state, and local—they exhibit a radical diversity—not just between states but within them, and not just in the way that they operate but in their organizing principles. The Article links the many problems experienced by local courts—chronic underfunding and a lack of oversight cause problems that run deep—with the state and federal structures that shape local-court function and administration. On the state side, the Article analyzes hand-coded, raw survey data from the National Center for State Courts to describe the interactions between local courts and administrative bodies within state judicial branches. Although states differ, administrative distance between state and local institutions joined with the rarity of appeals from local-court judgments makes local courts meaningfully independent from the state system. Federal law compounds this independence by sheltering local courts from external scrutiny. Judicial federalism doctrines like preclusion, abstention, and habeas corpus require federal courts to defer to the legal and factual findings of local courts. Federal enforcement doctrines like standing and immunity protect local courts from legal reform efforts.
The Article then reevaluates our theories of judicial federalism in light of the diversity and problems of local courts. It argues that the values of judicial federalism invoked by both courts and scholars rely on the fiction that state courts are monoliths. In fact, the reality of state courts—including the diversity and relative obscurity of local courts—frustrate these values. Instead, the Article argues that the more valuable conceptual function of local courts is not normative but rather descriptive: they provide us with an understanding of the justice we have, not the justice we aspire to or the justice required by law. They—and not federal courts—are the starting points from which we should define and evaluate our system of justice.
Implicit bias can influence jury decision-making. Training judges about implicit bias is a fairly new endeavor, and not all judges are necessarily aware of these biases. Even when judges are aware ...that biases exist, they might not know whether or not they should alert jurors to such biases or how to appropriately do so. It is currently unknown how many judges alert jurors to implicit bias (e.g. via instructions or juror orientation). The purpose of this study is to discuss judges' beliefs and practices regarding implicit bias in the courtroom. The findings indicate that the majority of judges (72%) do not alert jurors to implicit bias. Many judges were found to have a lack of awareness or understanding about implicit bias, but many now feel that alerting jurors about bias is important and would like to do so in the future.
The Supreme Court's approach to the Constitution's separation of powers is a puzzle. Although the Justices appear to agree on the doctrine's goals, in almost every important line of cases the Court ...oscillates between hard-edged rules and open-textured standards. The Court's seemingly erratic doctrinal shifts cannot be wholly explained by changes in the bench's personnel or methodological fads. This Article isolates and analyzes pervasive doctrinal cycling between rules and standards as a distinctive element of separation-of-powers jurisprudence. We break from previous scholarship critical of the Court's zigzagging, and instead consider whether purposeful cycling between rules and standards might be justified as a judicial strategy for implementing the separation of powers. We further develop a new theoretical account of the separation of powers where doctrinal cycling might be justified on two key assumptions: First, the separation of powers promotes a plurality of normative ends, and second, it does so in the context of a more heterogeneous institutional environment than a singular focus on the interplay of the three great branches would suggest. Doctrinal cycling between rules and standards could be used, at least in theory, to manage normative pluralism and police this "thick political surround" when simpler, more straightforward regulatory strategies would fail. This rational reconstruction of the feasible judicial role in the separation-of-powers context provides a benchmark for evaluating observed doctrinal oscillations, and, more generally, for determining whether courts possess the necessary institutional resources to promote separation-of-powers values.
Celotno besedilo
Dostopno za:
BFBNIB, DOBA, IZUM, KILJ, NMLJ, NUK, PILJ, PNG, PRFLJ, SAZU, SIK, UILJ, UKNU, UL, UM, UPUK
5.
Admiralty and shipping law Kian Sing Toh
Singapore Academy of Law annual review of Singapore cases,
12/2020
Journal Article
The Singapore courts handed down four admiralty judgments in 2020, including two decisions concerning rather esoteric parts pertaining to limitation of liability. These four decisions are reviewed ...below.
The constrained court Bailey, Michael A; Bailey, Michael A; Maltzman, Forrest
2011., 20110822, 2011, 2011-08-22
eBook
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new ...theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court.
There is a veritable mountain of scholarship and popular commentary on the Solicitor General's role and relationship with the Supreme Court. But virtually none of it has addressed this last ...phenomenon, even as more attention is being paid to the Court's "shadow docket," that is, the significant volume of orders and summary decisions that the Court issues without full briefing and oral argument. This Essay aims to fill that gap., There is a veritable mountain of scholarship and popular commentary on the Solicitor General’s role and relationship with the Supreme Court. But virtually none of it has addressed this last phenomenon, even as more attention is being paid to the Court’s “shadow docket,” that is, the significant volume of orders and summary decisions that the Court issues without full briefing and oral argument. This Essay aims to fill that gap.
Celotno besedilo
Dostopno za:
BFBNIB, DOBA, IZUM, KILJ, NMLJ, NUK, PILJ, PNG, PRFLJ, SAZU, UILJ, UKNU, UL, UM, UPUK
Judicial analytics is the use of data to monitor, understand and predict judicial behaviour. This is a global phenomenon and a cause for both celebration and concern. Given the unique role of courts ...and the potential for judicial analytics to undermine the rule of law, there is a need to review and revise the current inertia in the Australian regulatory approach to this issue. This article calls for the development of professional ethical guidelines for law and other disciplines, to assist and guide the creation and dissemination of predictive judicial analytics.
This article offers a preliminary examination of the 'Ideals' in the proposed Rules of Court which were submitted for public consultation towards the end of 2018. These Ideals introduce a new ...procedural culture by requiring the court, the parties and lawyers to adhere to set standards or criteria in the conduct of civil litigation.
