The people who have been asked to contribute to this little manual on restorative justice have all been involved for many years in the restorative justice movement in Canada and abroad. The little manual wants to put into your hands a basic training tool. The themes addressed in the various modules are themes that the writers\practitioners have found useful in seeking to educate communities about restorative justice and engage citizens in a deeper reflection about the criminal justice system. Some of the modules are brief and seek only to draw attention to a few key elements and leave you with questions for discussion. Some others are lengthier and seek to provide you with food for thought. Depending on the length of the educational sessions, all of the modules may not be covered. It is estimated that proper coverage of all modules, allowing time for significant input from participants, would take at least three full days. Ideally, we recommend spreading it over a week. The modules could also be presented on a weekly basis depending on the availability of the audience. If the manual leads you to reflect more deeply with others on the potential and complexity of restorative justice and to want to learn more about how it can provide a meaningful way of transforming justice, it would have fulfilled its goal.

Кл.слова:
правосуддя -- права -- обов'язок

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.

Кл.слова:
судова система -- судовий процес

This book is the culmination of a personal quest that began sixteen years ago when I left law practice and began to cast about for other ways to make a living through my self-bred compulsion to live and think like a lawyer. It has been a meandering journey.

Кл.слова:
юриспруденція -- адвокатура

This book provides the information you need to prepare for trial and represent yourself in court.

Кл.слова:
судовий процес -- судова справа

Attorney Johnnie Cochran was watching a slow-speed police chase on a news monitor in a local ABC studio. A caravan of Los Angeles police vehicles was following a white Ford Bronco on California Interstate 405. Inside the SUV was ex-football star O.J. Simpson, the LAPD’s primary suspect in the July 12, 1994, murder of his ex-wife, Nicole Brown, and her friend Ronald Goldman. The slow-speed chase ended hours later when Simpson surrendered to the police at his Brentwood home. Relieved by the peaceful arrest, Cochran then appeared on Ted Koppel’s Nightline television show. He cautioned viewers that, in accordance with American tradition, Simpson should be presumed innocent of the killings.

Кл.слова:
адвокатура -- юриспруденція

Im Mittelpunkt der Untersuchung stehen militärgerichtliche Strafverfahren gegen Zivilpersonen. Die Frage, inwiefern solche Verfahren mit dem Recht auf ein faires Verfahren vereinbar sind, beschäftigt internationale Spruchkörper und Gremien seit längerem.PrüfungsmaÃstab sind drei Konventionen: die EMRK, die AMRK und der Internationale Pakt über bürgerliche und politische Rechte. Die Arbeit systematisiert zunächst die vorhandene Spruchpraxis. Sie geht sodann der Frage nach, ob es ein Recht auf ein zuständiges Gericht gibt bzw. wie sich ein solches Recht konstruieren lässt. Ausführungen zu besonderen Problemen im Kontext von Ausnahmezuständen und eine Betrachtung der U.S.-amerikanischen Militärkommissionen im Nachtrag runden die Analyse ab.

Кл.слова:
право -- судочинство

The Cornell Law Review is the flagship legal journal of Cornell Law School. Originally published in 1915 as the Cornell Law Quarterly, the journal features scholarship in all fields of law. Notably, past issues of the Cornell Law Review have included articles by Supreme Court justices Robert H. Jackson, John Marshall Harlan II, William O. Douglas, Felix Frankfurter, and Ruth Bader Ginsburg.

Кл.слова:
журнал -- законодавство

Historian Eliza Earle Ferguson’s meticulously researched study of domestic violence among the working class in France uncovers the intimate details of daily life and the complex workings of court proceedings in fin-de-siècle Paris. With detective-like methods, Ferguson pores through hundreds of court records to understand why so many perpetrators of violent crime were fully acquitted. She finds that court verdicts depended on community standards for violence between couples. Her search uncovers voluminous testimony from witnesses, defendants, and victims documenting the conflicts and connections among men and women who struggled to balance love, desire, and economic need in their relationships. Ferguson's detailed analysis of these cases enables her to reconstruct the social, cultural, and legal conditions in which they took place. Her ethnographic approach offers unprecedented insight into the daily lives of nineteenth-century Parisians, revealing how they chose their partners, what they fought about, and what drove them to violence. In their battles over money and sex, couples were in effect testing, stretching, and enforcing gender roles. Gender and Justice will interest social and legal historians for its explanation of how the working class of fin-de-siècle Paris went about their lives and navigated the judicial system. Gender studies scholars will find Ferguson’s analysis of the construction of gender particularly trenchant.

Кл.слова:
правосуддя -- насильство

In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal certainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance the legitimacy of equal treatment case law. The general assessment model developed in this study is based on theoretical research after the standards that should be used in assessing cases against the principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is the design of an assessment model that is both theoretically sound and workable in practice.

Кл.слова:
суд

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in Historytraces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Кл.слова:
правосуддя -- юриспруденція -- законодавство

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Кл.слова:
суд -- політика

From examining the role of the lawyer and the lawyer-client relationship, to evaluating changes in legislation and industry-wide and addressing the need for innovation, this book pulls readers through all facets of the successful practice of law.

Кл.слова:
адвокат -- адвокатська практика

Forensic ergonomics and human factors is the application of ergonomics theory, principles, and data to determine causes of system failures, often involving personal injury, considered in the context of litigation. The International Ergonomics Association defines ergonomics (or human factors) as the scientific discipline concerned with the understanding of interactions among humans and other elements of a system, and the profession that applies theory, principles, data, and methods to design in order to optimize human well-being and overall system performance.

Кл.слова:
судова система -- судочинство

The civil jury must rank among the most controversial of America’s political and legal institutions. To paraphrase Kalvan and Zeisel’s ground-breaking work, the jury is a group of people, chosen at random, who are then entrusted with official decision-making powers, yet who make their decisions in secret and with little or no explanation. It is therefore not surprising that the jury has been the subject of both extravagant praise and harsh criticism (Kalven and Zeisel, 1966, pg. 66). Indeed, contemporary critics of the civil justice system decry a “litigation explosion” of “frivolous lawsuits” decided by incompetent, irrational and gullible jurors.1 Despite this heated rhetoric surrounding the jury, relatively little is known about how civil juries reach their verdicts.

Кл.слова:
судова система -- судовий процес