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.


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.


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 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.


Procedural Justice and Relational Theory

Procedural Justice and Relational Theory

Author: Denise Meyerson

Publisher: Routledge

Published: 2020-10-29

Total Pages: 285

ISBN-13: 1000207668

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This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.


Off the Page

Off the Page

Author: Tom Lavazzi

Publisher: Parlor Press LLC

Published: 2016-11-01

Total Pages: 533

ISBN-13: 1602352488

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Off the Page offers a series of critical “scripts” exploring various cultural texts, and a working definition of performative criticism grounded in poststructuralist literary, cultural, and performance theory.


Civil Procedure

Civil Procedure

Author: Stephen C. Yeazell

Publisher: Aspen Publishing

Published: 2022-09-15

Total Pages: 720

ISBN-13: 1543856292

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Civil Procedure, 11th edition by Yeazell, Schwartz, and Carroll provides students with a working knowledge of the procedural system. In Civil Procedure, the authors employ a pedagogical style that offers flexible organization at a manageable length. The book introduces students to the procedural system and provides them with techniques of statutory analysis. The included cases are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that procedural disputes always present clear-cut issues. New to the Eleventh Edition: Addition of co-author Professor Maureen Carroll of Michigan Law School, an expert in civil procedure, class actions, and civil rights litigation, and an award-winning teacher. Updated personal jurisdiction chapter with streamlined opinion excerpts and additional cases reflecting the Supreme Court’s most recent decisions and cutting-edge jurisdictional questions. Increased attention to settlement dynamics and pressures throughout the book. Addition of contemporary cases that illuminate the impacts of civil procedure on issues of race, gender, and civil rights. Updated statistics and information about civil litigation in the United States, including the high proportion of unrepresented litigants. Professors and students will benefit from: Teachable, well-structured casebook featuring a clear organization, concisely edited cases chosen to be readily accessible to first-year students, textual notes introducing each section that highlight connections between material, and practical problems Manageable length which allows the class to get through this complex course material in limited hours Flexible organization, adaptable to a variety of teaching approaches Clear, straightforward writing style, making the material accessible to students without oversimplifying Effective overview of the procedural system, which provides students with a working knowledge of the system and of techniques for statutory analysis Assessment questions and answers at the end of each chapter, to help students test their comprehension of the material


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.