legal accents legal borrowing the international problem solving court movement

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Legal Accents Legal Borrowing

Author : James L. Nolan Jr.
ISBN : 9780691129525
Genre : Law
File Size : 33. 62 MB
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A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

Problem Solving Courts

Author : Richard L. Wiener
ISBN : 9781461474036
Genre : Psychology
File Size : 31. 2 MB
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In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.

The Futures Of Legal Education And The Legal Profession

Author : Hilary Sommerlad
ISBN : 9781782255871
Genre : Law
File Size : 59. 50 MB
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We are currently witnessing an unprecedented transformation in the legal profession and legal education. The Legal Services Act 2007 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have both enabled and necessitated dramatic structural changes to the profession, as well as impacting on its ethos and ethicality. The recent Legal Education and Training Review (LETR) promises similarly dramatic change to the provision of legal education, reflecting the shifting landscape of both the legal professional market and Higher Education in general. These transformative changes bring both exciting opportunities and challenges with which everyone involved in the law Â? from University lecturers, to Senior Partners in leading law firms, to the judiciary Â? must grapple. This edited collection comprises a selection of papers presented at the 2nd conference of CEPLER, Birmingham Law School's Centre for Professional Legal Education and Research. The aim of the Conference, and thus this collection, was to bring together leading academic scholars, senior figures from professional practice, policy-makers, and representatives of the regulatory authorities, to reflect on the key issues arising from this transformative moment. As such, this volume of essays covers diverse ground, from curriculum development to professional theory, enriched and enhanced by the range of backgrounds and perspectives of its contributors.

The Remaking Of The Courts

Author : Dr Sarah Murray
ISBN : 9781760020217
Genre : Law
File Size : 43. 95 MB
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The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.

The Oxford Handbook Of State And Local Government

Author : Donald P. Haider-Markel
ISBN : 9780191611964
Genre : Political Science
File Size : 24. 94 MB
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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Abortion And Divorce In Western Law

Author : Mary Ann Glendon
ISBN : 0674001613
Genre : Law
File Size : 33. 57 MB
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Compares U.S. laws on divorce and abortion with those in twenty Western nations and suggests improvements to current American practices.

What They Saw In America

Author : James L. Nolan, Jr
ISBN : 9781316684139
Genre : Social Science
File Size : 33. 2 MB
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Grounded in the stories of their actual visits, What They Saw in America takes the reader through the journeys of four distinguished, yet very different foreign visitors - Alexis de Tocqueville, Max Weber, G. K. Chesterton and Sayyid Qutb - who traveled to the United States between 1830 and 1950. The comparative insights of these important outside observers (from both European and Middle Eastern countries) encourage sober reflection on a number of features of American culture that have persisted over time - individualism and conformism, the unique relationship between religion and capitalism, indifference toward nature, voluntarism, attitudes toward race, and imperialistic tendencies. Listening to these travelers' views, both the ambivalent and even the more unequivocal, can help Americans better understand themselves, more fully empathize with the values of other cultures, and more deeply comprehend how the United States is perceived from the outside.

The Therapeutic State

Author : James L. Nolan Jr.
ISBN : 9780814757918
Genre : Political Science
File Size : 79. 41 MB
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An analysis of the commingling of the therapeutic and political cultures in America. Nolan (anthropology and sociology, Williams College) supplies his background by looking at trends such as the emotivist ethic, the pathologization of human behavior, the rise of a new priestly class, and the legiti.

Greening Justice

Author : George William Pring
ISBN : 0615338836
Genre : Court administration
File Size : 90. 90 MB
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"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722678
Genre : English literature
File Size : 50. 49 MB
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