Supreme Courts Under Pressure
Supreme Courts Under Pressure

Author: Pablo Bravo-Hurtado

Publisher: Springer Nature

Published: 2021-03-13

Total Pages: 232

ISBN-13: 303063731X

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This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.

American Government
American Government

Author: Cal Jillson

Publisher: Routledge

Published: 2020

Total Pages: 362

ISBN-13: 9781003029304

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"American Government: Constitutional Democracy Under Pressure highlights the necessary tension between our constitutional principles and institutions and the populist heat that sometimes roils our national politics, especially at the current political moment. Our constitutional democracy has been under pressure for some time, but few would deny that fears for its fate have deepened in just the past few years. We assume that our political institutions will limit and contain contemporary populism, just as the Founders intended and as they have in the past, but will they? An increasingly polarized electorate, urging their representatives to fight and never to compromise, may be stressing Constitutional limits. This new edition offers to help American government teachers lead their students to a nuanced theoretical and practical understanding of what is happening in the politics of their Constitutional democracy today"--

The Supreme Court Under Earl Warren, 1953-1969
The Supreme Court Under Earl Warren, 1953-1969

Author: Michal R. Belknap

Publisher: Univ of South Carolina Press

Published: 2005

Total Pages: 464

ISBN-13: 9781570035630

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In The Supreme Court under Earl Warren, 1953-1969, Michal Belknap recounts the eventful history of the Warren Court. Chief Justice Earl Warren's sixteen years on the bench were among the most dramatic, productive, and controversial in the history of the Supreme Court. Warren's tenure saw the Court render decisions that are still hotly debated today. Its rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression.

The Specter of Dictatorship
The Specter of Dictatorship

Author: David M. Driesen

Publisher: Stanford University Press

Published: 2021-07-20

Total Pages: 323

ISBN-13: 1503628620

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Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

State and Local Finances Under Pressure
State and Local Finances Under Pressure

Author: David L. Sjoquist

Publisher: Edward Elgar Publishing

Published: 2003-01-01

Total Pages: 358

ISBN-13: 9781781008522

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State and Local Finances under Pressure explores the future of state and local government fiscal systems given the numerous pressures they face from economic, legal, technological, demographic and political forces. It explores how these multiple forces play out in terms of the changes state and local governments should and are likely to make. The contributors argue that state and local governments must make substantial changes and that failure to act is likely to result in adverse effects and increasing pressures for modifications that are more difficult to implement and more politically unpalatable. Without reform, state and local fiscal systems will grow increasingly out of sync with economic reality. The authors suggest that government responses are likely to be evolutionary, but that in 25 years the recorded changes will be substantial. The first chapter provides a historic perspective of state and local fiscal trends. Each of the subsequent chapters describes the nature of one of the pressures state and local governments face including: political and legal forces, globalization of business, demographic and technological changes, deregulation of utilities, and urban sprawl. Policymakers, economists, political scientists, fiscal policy analysts and public administrators will find this comprehensive book of interest.

The Conservative Case for Class Actions
The Conservative Case for Class Actions

Author: Brian T. Fitzpatrick

Publisher: University of Chicago Press

Published: 2019-11-01

Total Pages: 283

ISBN-13: 022665933X

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Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

The Supreme Court
The Supreme Court

Author: Ruadhán Mac Cormaic

Publisher: Penguin UK

Published: 2016-09-05

Total Pages: 536

ISBN-13: 1844883418

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'A wonderful book ... a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3 The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland. 'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year '[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD 'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books 'Compelling ... a remarkable story, told with great style' Irish Times 'Authoritative, well-written and highly entertaining' Sunday Times The work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives. Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world. The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail. The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state. Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.