Civil Procedure of the Trial Court in Historical Perspective
Civil Procedure of the Trial Court in Historical Perspective

Author: Robert Wyness Millar

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 550

ISBN-13: 1584774584

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Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal. "In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542 Robert Wyness Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).

Transformation of Civil Justice
Transformation of Civil Justice

Author: Alan Uzelac

Publisher: Springer

Published: 2018-09-03

Total Pages: 412

ISBN-13: 3319973584

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National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Author: Alan Uzelac

Publisher: Springer Science & Business Media

Published: 2014-01-11

Total Pages: 262

ISBN-13: 331903443X

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This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Jurisdiction in Deleuze: The Expression and Representation of Law
Jurisdiction in Deleuze: The Expression and Representation of Law

Author: Edward Mussawir

Publisher: Taylor & Francis

Published: 2011-03-03

Total Pages: 193

ISBN-13: 1136816631

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Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression.

The Jury: a Very Short Introduction
The Jury: a Very Short Introduction

Author: Renée Lettow Lerner

Publisher: Oxford University Press

Published: 2023-02-28

Total Pages: 177

ISBN-13: 0190923911

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"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Reinhardt for allowing me to use her research on jury forepersons, and Anna Offit, her law professor, for guiding me to her and for comparative work on juries. Anna Caraveli and Jonathan Chaves, my colleague at George Washington University, made important suggestions and pointed out places in which non-lawyers needed further explanation of legal concepts. My daughter Anna Lerner provided the perspective of a younger reader and gently let her mother know where improvements would be helpful. For decades, John Langbein has been a constant source of insight about juries. I am grateful to Akhil Amar for first sparking, and then encouraging, my interest in the subject, and for his vibrant work. My husband Craig Lerner gave unceasing encouragement and invaluable advice"--

Medical Malpractice in Nineteenth-Century America
Medical Malpractice in Nineteenth-Century America

Author: Kenneth De Ville

Publisher: NYU Press

Published: 1992-04-01

Total Pages: 335

ISBN-13: 0814744168

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Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early RepublicBy far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy

The State and Federal Courts
The State and Federal Courts

Author: Christopher P. Banks

Publisher: Bloomsbury Publishing USA

Published: 2017-01-26

Total Pages: 409

ISBN-13:

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How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.