Furthering Judicial Education


Book Description

This publication contains the proceedings of an international conference, held in Guatemala in October 2001, with participants from law schools, judges, practitioners and government officials from a number of Latin American countries and elsewhere. The conference theme focused on the links between judicial excellence, judicial reform and good practices in the performance of judicial education programmes. Topics considered include: the concept of judicial excellence, ethics and the role of human rights training, e-learning and distance education, in-service training and evaluation, the role of education in promoting judicial reform and attitudinal change in the courts system.




Educating Judges: Towards Improving Justice


Book Description

What the experts said about ‘Educating Judges’: • ‘A comprehensive review of judicial education ... an extremely valuable work.’ - Sir Anthony Mason, Chief Justice of Australia • ‘Truly a seminal work which sets the best practice for the field.‘ - Dr Charles Ericksen, Vice-President, NCSC, USA • ‘A most masterly survey of the field.’ - Professor Martin Partington, Judicial Studies Board, England • ‘Thorough, well argued and comprehensive; offers substantial insight at many points.’ - Professor John K. Hudzik, Director, JERITT, USA • ‘A substantial piece of work ... and a significant contribution.’ - Professor Peter Sallmann, Executive Director, AIJA, Australia • ‘Sophisticated and mature treatment of a vital area of public education.’ - Emeritus Professor J. E. Thomas, University of Nottingham, England • ‘Invaluable ... contains a wealth of material and references’ - Judge John Goldring, Dean of Law, University of Wollongong, Australia About this Second Edition: 2015 Brill|Nijhoff is delighted to republish Educating Judges, the seminal monograph in the field of judicial education. First published in 1996, this book enables judicial educators to develop a more effective pedagogy by focusing on the distinctive learning needs, styles and preferences of judges, and deepening understanding of judges as learners. Much has happened since then. Over the past twenty years, judicial education has grown very substantially around the world in both size and sophistication. It is now well established in many countries and is seen as an essential component of modern concepts of justice. In addition to providing new entrants an opportunity to read this classic text, this second edition enables readers to gauge what has happened – or not – in the world of judicial education over the past two decades. This new edition reports on the findings of the first ever survey conducted of leading judicial educators around the world. In doing so, it examines the state of judicial education across a range of issues, including: • significant recent developments, • major institutional issues and challenges, • trends in professionalizing the practice, • evolving goals, curricula, methodologies and approaches, • building knowledge through research, evaluation and networks, • impact and applications of information technology; • use of judicial training in official development assistance; and • how globalisation is affecting the education of judges.




The Hollow Hope


Book Description

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.




Judicial Conduct and Ethics


Book Description




Ending Zero Tolerance


Book Description

Answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well—the exact opposite of what schools intend. Derek Black, a former attorney with the Lawyers’ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students’ rights and support broader reforms.




The Legacy of Ruth Bader Ginsburg


Book Description

As a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This collection of essays chronicles and evaluates the remarkable achievements she has made over the past half century. Readers will discover diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career, creating an impressive legacy of one of the most important figures in modern law.




The Schoolhouse Gate


Book Description

A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.




The Federalist Papers


Book Description

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.




The Practice of Judicial Interaction in the Field of Fundamental Rights


Book Description

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.