The Oxford Handbook of Empirical Legal Research
The Oxford Handbook of Empirical Legal Research

Author: Peter Cane

Publisher: OUP Oxford

Published: 2012-05-17

Total Pages: 1112

ISBN-13: 019163543X

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The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Illustrated Guide to Civil Procedure
Illustrated Guide to Civil Procedure

Author: Michael Finch

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 536

ISBN-13: 154381705X

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An Illustrated Guide to Civil Procedureis a student-friendly and problem-based introduction to how the federal rules operate in the context of a realistic age discrimination case. Students work with the Rules as the case carries them from client intake to trial, all the way to a resolution of the case. They shadow the attorneys and actively participate by making strategic and tactical decisions, and by reviewing and critiquing complaints, answers, motions, and discovery pleas. Truly an illustrated guide to Civil Procedure, this companion supplement is a great asset to all Civil Procedure courses, whether they begin with jurisdiction or the rules of pleading. New to the Fourth Edition: Updates reflecting all changes to the FRCP, including: Amendments that change the time periods within which most actions under the Rules need to be taken Provisions that address issues related to the discovery of electronic information Amendments concerning summary judgment and discovery related to expert witnesses Professors and students will benefit from: A book designed to be either used in-class as a required text or out-of-class as a useful reference Exploration of the procedural rules covered in a one or two-semester course Notes, questions, exercises, tactical and drafting tips, maps, and illustrations contribute to a dynamic learning environment Questions that Students are repeatedly assessed through questions requiring application of procedural rules to the hypothetical suit. Flexible organization that adapts to a variety of syllabi and comprehensive Teacher’s Manual Teaching materials include: Teacher’s Manual In addition to those questions contained in the Guide, the authors make available an extensive set of test questions, answers, and explanations that teachers can use throughout the semester.

Civil Justice Reconsidered
Civil Justice Reconsidered

Author: Steven P. Croley

Publisher: NYU Press

Published: 2017-08-22

Total Pages: 297

ISBN-13: 1479811971

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Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

New Trends in Financing Civil Litigation in Europe
New Trends in Financing Civil Litigation in Europe

Author: Mark Tuil

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 221

ISBN-13: 1849808961

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This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

Mediation in Contemporary Chinese Civil Justice
Mediation in Contemporary Chinese Civil Justice

Author: Peter C.H. Chan

Publisher: Martinus Nijhoff Publishers

Published: 2017-09-18

Total Pages: 339

ISBN-13: 9004342397

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In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.

Revisiting Procedural Human Rights
Revisiting Procedural Human Rights

Author: Alan Uzelac

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781780685335

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The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law. While some human rights have been made famous in national mottos such as the French libertU+fffde, U+fffdegalitU+fffde et fraternitU+fffde, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law. Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.

Civil Procedure
Civil Procedure

Author: William Hubbard

Publisher: Foundation Press

Published: 2021-05-26

Total Pages: 900

ISBN-13: 9781640206052

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CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.