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"To reduce and avoid delay, American courts have developed a set of principles and techniques since the 1970s that we refer to as "caseflow management" ... The main premise of this book is that caseflow management is more than just a way to reduce or avoid delay, however. In fact, caseflow management is the conceptual heart of court management in general. We can fully understand courts as organizations only if we understand the requirements of caseflow management. In managing a court, the chief judge and court managers should focus first on caseflow management - not just because it addresses problems of delay or backlog, but more importantly because it is the very foundation of court management in general." -- from the Introduction, p. xi.
This work provides a completely revised and updated monograph on caseflow management.
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
TheArt and Practice of Court Administration explores the context in which court administration is practiced and identifiesthe qualities and skills court administrators need. Divided into two major parts, part one covers the history of the field and how courts are organized, environmental conditions in which court administration is practiced, special impact on courts of the elected clerk of court, prosecutor, and the sheriff, the judge’s administrative roles, as well as how a judge’s judicial and administrative roles work with management. The second part reviews a new approach for setting and adjusting priorities among the multiple functions courts perform—the Hierarchy of Court Administration. It defines priorities, analyzes court roles that establish mission critical functions, and sets an agenda for advancing courts throughout this century. Thorough and complete, The Art and Practice of Court Administration details how courts operate, the court administrator’s position and responsibilities, and approachestoissues and problems.
Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.
Contents: (1) Introduction: Time and Adolescence; Policy and Practice; (2) The History of Court Delay; (3) The Causes and Effects of Delayed Justice; (4) Controlling Court Delay: Legal/Professional Efforts; Managerial Efforts; (5) Controlling Juvenile Court Delay: Constitutional Provisions; Limiting Due Process for Juveniles; Legislation and Rules in the Juvenile Court; (6) Recent Trends in Delinquency Case Processing Time; (7) Delay Reduction Efforts in Three Juvenile Courts; (8) Conclusions; (9) References; Cases Cited; (10) Appendices. Charts and tables.
“Mitch Kowalski has translated his considerable understanding of tomorrow’s legal profession into an original, provocative and entertaining narrative.” —Professor Richard Susskind, author of The End of Lawyers? “This is the most innovative law practice management book I’ve ever seen. Mitch has deftly combined an engaging novel about the lives of working lawyers with an illuminating treatise on how law firms must respond to extraordinary change in the legal marketplace. Avoiding Extinction is as entertaining as it is instructive -- and it couldn’t be more timely.” —Jordan Furlong, Partner, Edge International “This is a must read for managing partners, and for all lawyers under the age of 50. Written as a parable, once you pick it up it’s difficult to put down. And it literally screams relevance to the lives of those lawyers today who worry about the sustainability of the current model of legal practice. Big firm or small. City or rural – no matter, this book is for you. Can the law be both a profession and a business? Is it possible to escape the tyranny of the billable hour? Is it realistic to imagine being a truly happy lawyer in private practice in the twenty-first century? You bet – and Mitch Kowalski shows us how! —Ian Holloway QC, Dean of Law, The University of Calgary “Avoiding Extinction is the most original, far-thinking and innovative book on transforming the way that law is practised that I have ever read. Mitch has taken the traditional law firm and turned it upside down. In the process he has reworked the law firm model and given us an insight into how a firm could be structured and run. If you are looking for a creative vision into what a new, truly different law firm could look like, then this book is manna from heaven.” —David J. Bilinsky, Practice Management Advisor, lawyer and writer on law practice management and technology. Creator of the law blog, Thoughtful Legal Management.