Specializing the Courts


Book Description

Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas, and the degree of specialization has grown over time. Specializing the Courts provides the first comprehensive analysis of specialization in the federal and state court systems.




Specializing the Courts


Book Description

Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems. Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.




Courting the Community


Book Description

Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline. Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns. Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.




Specialized Justice


Book Description

Specialized Justice addresses the question of the desirability of specialization in the administration of justice. Should there be more, rather than less, sub-division of the judiciary into specialized tribunals? What is most desirable in terms of efficiency, speed, true justice, and cost? Theauthor attempts to answer these questions both by examining theoretical paradigms and also by describing the results of an empirical study which he has undertaken. He concludes by examining variables that apply in different jurisdictions and which should, if accounted for properly, allow generalizedlessons to be extracted from the individual studies.




The Rules, Practice, and Jurisprudence of International Courts and Tribunals


Book Description

International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.




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.




Problem-Solving Courts


Book Description

Explores the rise of the problem-solving court movement, the logic behind the courts, the approaches they take, and the anticipated benefits and possible negative aspects of problem-solving courts.




Homeward


Book Description

In the era of mass incarceration, over 600,000 people are released from federal or state prison each year, with many returning to chaotic living environments rife with violence. In these circumstances, how do former prisoners navigate reentering society? In Homeward, sociologist Bruce Western examines the tumultuous first year after release from prison. Drawing from in-depth interviews with over one hundred individuals, he describes the lives of the formerly incarcerated and demonstrates how poverty, racial inequality, and failures of social support trap many in a cycle of vulnerability despite their efforts to rejoin society. Western and his research team conducted comprehensive interviews with men and women released from the Massachusetts state prison system who returned to neighborhoods around Boston. Western finds that for most, leaving prison is associated with acute material hardship. In the first year after prison, most respondents could not afford their own housing and relied on family support and government programs, with half living in deep poverty. Many struggled with chronic pain, mental illnesses, or addiction—the most important predictor of recidivism. Most respondents were also unemployed. Some older white men found union jobs in the construction industry through their social networks, but many others, particularly those who were black or Latino, were unable to obtain full-time work due to few social connections to good jobs, discrimination, and lack of credentials. Violence was common in their lives, and often preceded their incarceration. In contrast to the stereotype of tough criminals preying upon helpless citizens, Western shows that many former prisoners were themselves subject to lifetimes of violence and abuse and encountered more violence after leaving prison, blurring the line between victims and perpetrators. Western concludes that boosting the social integration of former prisoners is key to both ameliorating deep disadvantage and strengthening public safety. He advocates policies that increase assistance to those in their first year after prison, including guaranteed housing and health care, drug treatment, and transitional employment. By foregrounding the stories of people struggling against the odds to exit the criminal justice system, Homeward shows how overhauling the process of prisoner reentry and rethinking the foundations of justice policy could address the harms of mass incarceration.




City of Courts


Book Description

This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.




Ideology in the Supreme Court


Book Description

Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.