Law : Court Rules

Children's Testimony offers a comprehensive and up-to-date assessment of issues relating to children's evidence. Starting with psychological underpinnings and child protection considerations, the reader is taken through a clearly structured and timely col more...

Price: $150.00

Civil jury behavior has consequences not only for litigants and attorneys (and the jurors themselves), but also for society as a whole. It goes without saying that one of the jury??'s major goals, if not the major goal, is to mete out justice. In civil cases, justice is served primarily through the awarding of compensatory (to provide restitution for injury) and punitive damages (to provide punishment for wrongdoing). However, ongoing policy debates regarding tort reform have led both legal analysts and empirical researchers to reevaluate the civil jury??'s role in meting out civil justice. Some reform advocates have called for removing certain types of cases (e.g., highly technical ones relying exclusively on expert testimony, such as malpractice or antitrust litigation) or certain types of judgments (e.g., punitive damages) from the jury??'s purview; yet much of the policy debate has proceeded in the relative absence of data on what the effects of such reforms would be. For example, a number of states have enacted reforms regarding punitive damages and damages for pain and suffering, such as caps or ratio scales, on the assumption that these measures will yield more just outcomes. In this context, "more just" can mean a variety of things, but centers largely on greater predictability of awards, less variability, and a closer adherence of awards to legally relevant factors (e.g., the severity of the harm in compensatory damages, and the degree of reprehensibility in punitive damages). A number of post-reform studies have demonstrated that contrary to expectation, tort reform may not have the desired effects. In addressing these issues, the present volume will take an empiricalapproach, relying on archival and experimental data. It will be at the vanguard of the debate and will provide information relevant to the state and national civil justice systems. more...

Price: $49.95

The primary purpose of this title is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. more...

Price: $157.00

Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish. more...

Price: $94.50

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves. more...

Price: $22.50