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 : 83. 15 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 : 23. 60 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 : 73. 9 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 – from University lecturers, to Senior Partners in leading law firms, to the judiciary – 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.

Performing Judicial Authority In The Lower Courts

Author : Sharyn Roach Anleu
ISBN : 9781137521590
Genre : Social Science
File Size : 66. 86 MB
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Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

The Oxford Handbook Of State And Local Government

Author : Donald P. Haider-Markel
ISBN : 9780191611964
Genre : Political Science
File Size : 49. 8 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.

What They Saw In America

Author : James L. Nolan, Jr
ISBN : 9781316684139
Genre : Social Science
File Size : 46. 29 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 British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722678
Genre : English literature
File Size : 48. 7 MB
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Congressional Record

Author : United States. Congress
ISBN : MINN:31951D03769697G
Genre : Law
File Size : 52. 91 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Der Gemeinsame Referenzrahmen

Author : Martin Schmidt-Kessel
ISBN : 9783866530997
Genre : Civil law
File Size : 20. 16 MB
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Frieden Durch Recht

Author : Peter Becker
ISBN : 9783830517214
Genre : International law
File Size : 58. 12 MB
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HauptbeschreibungDie Normen des Völkerrechts, die auf die Bewahrung und Schaffung des Friedens ausgerichtet sind, aber auch die Gewaltverbote und Friedensgebote des nationalen Rechts werden immer wieder missachtet, gerade auch von denen, die einen Amtseid auf die Verfassung und damit zugleich auch auf das geltende Völkerrecht geleistet haben. Dies geschieht nicht nur durch Regierungen und Exekutivorgane, die sich in ihrer Außenpolitik nach ihren Worten immer nur für "den Frieden" einsetzen. Es gilt auch für Gerichte, deren Entscheidungen friedensrechtliche Gebote fahrlässig übersehen, übergehe.

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