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In their timely and topical book, Reimagining Courts, Victor Flango and Thomas Clarke argue that courts are a victim of their own success. Disputes that once were resolved either informally in the family or within the community are now handled mainly by courts, which strains government agency resources. The authors offer provocative suggestions for a thorough overhaul of American state and local courts, one that better fits the needs of a twenty-first century legal system. Reimagining Courts recommends a triage process based upon case characteristics, litigant goals, and resolution processes. Courts must fundamentally reorganize their business processes around the concept of the litigant as a customer. Each adjudication process that the authors propose requires a different case management process and different amounts of judicial, staff, and facility resources. Reimagining Courts should spark much-needed debate. This book will be of significant interest to lawyers, judges, and professionals in the court system as well as to scholars in public administration and political science.
This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides? To address these questions, the authors built the first cross-national and longitudinal dataset on the appointment of women and men to high courts. In addition, they provide five in-depth country case studies us to unpack the selection of justices to high courts in Canada, Colombia, Ireland, South Africa, and the United States. The cross-national lens and combination of quantitative analyses and detailed country studies examines multiple influences across region and time. Focusing on three sets of explanations —pipelines to high courts, domestic institutions, and international influences- analyses reveal that women are more likely to first appear on their country's high court when traditional ideas about who can and should be a judge erode. In some countries, international treaties, regional emulation, and women's international NGOs play a role in disseminating and linking global norms of gender equality in decision-making. Importantly, while informal institutions and reliance on men-dominated networks can limit access, women are making substantial strides in their countries' highest courts where the supply grows, and often where selectors have incentives to select women. Further, sustained pressure from advocacy organizations-at the local, national, and global levels-contributes to some gains. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterized by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit www.ecprnet.eu The series is edited by Susan Scarrow, John and Rebecca Moores Professor of Political Science at the University of Houston, and Jonathan Slapin, Professor of Political Institutions and European Politics, Department of Political Science, University of Zurich.
Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.
"Home : a place that provides access to every opportunity America has to offer.--A.H."--P. [vii]
As one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.
A renowned Harvard professor debunks prevailing orthodoxy with a new intellectual foundation and a practical pathway forward for a system that has lost its moral and ethical foundation. Free market capitalism is one of humanity's greatest inventions and the greatest source of prosperity the world has ever seen. But this success has been costly. Capitalism is on the verge of destroying the planet and destabilizing society as wealth rushes to the top. The time for action is running short. Rebecca Henderson's rigorous research in economics, psychology, and organizational behavior, as well as her many years of work with companies around the world, give us a path forward. She debunks the worldview that the only purpose of business is to make money and maximize shareholder value. She shows that we have failed to reimagine capitalism so that it is not only an engine of prosperity but also a system that is in harmony with environmental realities, the striving for social justice, and the demands of truly democratic institutions. Henderson's deep understanding of how change takes place, combined with fascinating in-depth stories of companies that have made the first steps towards reimagining capitalism, provide inspiring insight into what capitalism can be. Together with rich discussions of important role of government and how the worlds of finance, governance, and leadership must also evolve, Henderson provides the pragmatic foundation for navigating a world faced with unprecedented challenge, but also with extraordinary opportunity for those who can get it right.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
The new trend in problem-solving courts—specialized courts utilized to address crimes not adequately addressed by the standard criminal justice system—is examined in this thorough and insight-filled book. At least since the late 1980s, with the development of the first drug court in Dade County, Florida, the justice system has undergone what some believe is a revolution—the movement toward problem-solving courts. Problem-Solving Courts: Justice for the Twenty-First Century? provides a concise, thorough, well-documented, and balanced foundation for anyone interested in understanding this phenomenon. Detailing the "promise and potential perils" of problem-solving courts, the authors represented here examine the development of the problem-solving court movement, the rationale for the courts, the approaches they take, and their anticipated benefits and potential pitfalls. Using case examples and looking at various types of problem-solving courts, the book offers "foundational" information about the specific types of problem-solving courts, their goals and philosophies, their organization and operation, their variation in structure and procedures, and the extensiveness of the court. It draws conclusions about the relative merits or disadvantages of such courts and considers prospects for the future.
Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.