Supreme Court Workload


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Inconsistency and Indecision in the United States Supreme Court


Book Description

The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.




The Right to Education in India


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What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.




Court Improvements Act of 1983


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Dispute Resolution Review


Book Description

The Dispute Resolution Review, edited by Damian Taylor of Slaughter and May, offers a guide to those who are faced with disputes that frequently cross international boundaries. As is often the way in law, difficult and complex problems can be solved in a number of ways, and this edition demonstrates that there are many different ways to organise and operate a legal system successfully. Chapters in this book examine the dispute resolution solutions adopted across over 40 jurisdictions. The special Brexit chapter in this edition explores some of the key issues that will form part of the UK-EU negotiations likely to commence this year. Contributors include: Spain - Angel Perez Pardo, Uria Menendez; Portugal - Mr Francisco Proenca de Carvalho, Uria Menendez; Switzerland - Daniel Eisele, Niederer Kraft & Frey AG; Germany - Dr. Henning Baelz, Hengeler and Muller. "e;Excellent reference book... useful to have handy when working on international and domestic contracts."e; - Mr Ricardo Oliveira, Senior Counsel, British American Tobacco (Holdings) Limited, UK




Civil Procedure in Singapore


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Singapore. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.




Intercircuit Panel of the United States Act


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ABA Journal


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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.




The Cult Of The Court


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In recent years widespread attention has been focused on decisions handed down by the Supreme Court that grapple with passionate issues: integration, school prayer, abortion, affirmative action. The appointment of new justices is a highly charged political event although the Court is supposed to be "above" politics. Amidst the bicentennial celebration of the Constitution and almost daily reports of major confrontations awaiting the highest court’s judicial review, John Brigham presents a fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation. Drawing on philosophy and anthropology, The Cult of the Court offers a social scientific investigation of an institution whose authority has come to be taken for granted. The author emphasizes that the Court is an institution and that its authority is founded less in the claim of legal expertise than in hierarchical finality—the assertion of political will, not of legal judgment. He shows how the Court has supplanted the Constitution as the authority in our political world and that what makes legal "sense" is affected by these factors of institutionalization, bureaucratization, and court-dominated constitutionalism.




Commitment and Cooperation on High Courts


Book Description

Commitment and cooperation on high courts -- How do judges decide? -- Planting the seed : choosing high court judges -- Who hears the particular appeal? -- Do judges care about others? -- Slipping through the screen: how do courts choose the cases they hear? -- The influence of the parties on judges : accuracy or affiliation? -- Norms, leadership, and consensus