The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
How have the arrangements in European countries regarding the functioning of justice changed in the period of the COVID-19 pandemic? Will the solutions implemented in various countries in the context of the COVID-19 pandemic last and find their place in the legal systems of these countries for a longer period of time? The contributors analyse this in four thematic blocks: The first refers to the impact of COVID-19 on the administration and technical functioning of the judiciary, including international courts. The second part focuses on the impact of COVID-19 on the model of civil procedure, including the effects on general and structural principles such as the principle of openness, writing and oral proceedings, the principle of consistency of panels of judges as well as digitalization. The third refers to the impact of COVID-19 on criminal proceedings. And the last one deals with the impact of COVID-19 on the administrative proceedings.
The year 2023 marked the tenth anniversary of Croatia’s membership of the European Union, the last acceding country to the EU, and thus represents a fitting opportunity to explore the political, economic and social dimensions of this tremendous transformation. This book examines how Croatia has changed over the last ten years and looks at the driving forces as well as the obstacles on its post-accession path of Europeanisation. The book argues that the Croatian case has special importance given that the last decade of European integration has arguably been the most challenging one yet. It started with the Eurozone-wide sovereign debt crisis and ended with the economic hardship caused by the COVID-19 pandemic and Russia’s aggression on Ukraine. Such demanding circumstances where agenda was often defined in an ad hoc way posed a huge test for Croatia’s governmental capacity. The book provides answers to the question of how successful Croatian policymakers were in dealing with the crises-related challanges and other needed adaptations. The book explores how EU membership has affected the design and implementation of selected national public policies, the functioning of governing institutions and patterns of cooperation between main social actors. Expert contributors analyse the impact of the EU membership in two principal areas: political and economic, with individual chapters addressing relevant topics. The book is intended for researchers, academics and students interested in these issues, as well as policymakers, entrepreneurs and lobbyists concerned with European integration.
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.
While each countrys judiciary is unique in its individual needs, capabilities and contexts, the lessons learned from Singapores success can help guide judicial reform initiatives regionally as well as globally. No one would suggest that Singapores strategy is a magic formula that if followed can erase the inefficiencies of all judiciaries. But it would be wise to examine the strategies used and lessons learned from Singapores experience as a potential guide towards successful and sustainable judicial reform.
E-based systems and computer networks are becoming standard practice across all sectors, including health, engineering, business, education, security, and citizen interaction with local and national government. They facilitate rapid and easy dissemination of information and data to assist service providers and end-users, offering existing and newly engineered services, products, and communication channels. Recent years have witnessed rising interest in these computerized systems and procedures, which exploit different forms of electronic media to offer effective and sophisticated solutions to a wide range of real-world applications. With contributions from researchers and practitioners from around the world, this two-volume book discusses and reports on new and important developments in the field of e-systems, covering a wide range of current issues in the design, engineering, and adoption of e-systems. E-Systems for the 21st Century: Concept, Developments and Applications focuses on the use of e-systems in many areas of sectors of contemporary life, including commerce and business, learning and education, health care, government and law, voting, and service businesses. The two-volume book offers comprehensive research and case studies addressing e-system use in health, business, education, security, and citizen interaction with local and national government. Several studies address the use of social networks in providing services as well as issues in maintenance and security of e-systems as well. This collection will be valuable to researchers at universities and other institutions working in these fields, practitioners in the research and development departments in industry, and students conducting research in the areas of e-systems. The book can be used as an advanced reference for a course taught at the undergraduate and graduate-level in business and engineering schools as well.
Twenty-First Century Civil Procedure, Third Editionpresents the major themes of U.S. civil litigation—the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging—for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Civil Procedureincludes discussion of modern problems, such as e-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important issues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually. New to the Third Edition: New cases—including Bristol-Myers Squibb Co. v. Superior Court of California; Ford Motor Co. v. Montana Eighth Judicial District Court; and Ford Motor Co. v. Bandemer Streamlined—the Third Edition is approximately 10% shorter Professors and students will benefit from: Ample expository text introducing doctrines and issues in context Exploration of major themes in civil litigation, including the adversary system, use of juries, the federal structure of our judicial system, and the advent of managerial judging Comprehensive treatment of federalism, including Erie doctrine, pre-emption, abstention, and anti-suit injunctions Examination of jury entitlement without all the lengthy and inconclusive that add complexity and obscurity to the subject Detailed coverage of post-verdict challenges (new trial and JMAL motions, additur and remittitur)
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
