Failures of American Civil Justice in International Perspective


Book Description

"Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system"--Provided by publisher.




Failures of American Civil Justice in International Perspective


Book Description

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.







The Case for an International Court of Civil Justice


Book Description

An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.




The Three Paths of Justice


Book Description

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Intolerant Justice


Book Description

"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--




China and International Commercial Dispute Resolution


Book Description

China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.




Inventing American Exceptionalism


Book Description

Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z




Justice Reform and Development


Book Description

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.