English Civil Justice after the Woolf and Jackson Reforms

English Civil Justice after the Woolf and Jackson Reforms

Author: John Sorabji

Publisher: Cambridge University Press

Published: 2014-06-26

Total Pages: 283

ISBN-13: 1107051665

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John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.


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.


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.


Review of Civil Litigation Costs

Review of Civil Litigation Costs

Author: Great Britain. Ministry of Justice

Publisher: The Stationery Office

Published: 2010

Total Pages: 388

ISBN-13: 9780117064034

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In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.


Do Prisons Make Us Safer?

Do Prisons Make Us Safer?

Author: Steven Raphael

Publisher: Russell Sage Foundation

Published: 2009-01-22

Total Pages: 365

ISBN-13: 1610444655

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The number of people incarcerated in U.S. prisons and jails more than quadrupled between 1975 and 2005, reaching the unprecedented level of over two million inmates today. Annual corrections spending now exceeds 64 billion dollars, and many of the social and economic burdens resulting from mass incarceration fall disproportionately on minority communities. Yet crime rates across the country have also dropped considerably during this time period. In Do Prisons Make Us Safer? leading experts systematically examine the complex repercussions of the massive surge in our nation's prison system. Do Prisons Make Us Safer? asks whether it makes sense to maintain such a large and costly prison system. The contributors expand the scope of previous analyses to include a number of underexplored dimensions, such as the fiscal impact on states, effects on children, and employment prospects for former inmates. Steven Raphael and Michael Stoll assess the reasons behind the explosion in incarceration rates and find that criminal behavior itself accounts for only a small fraction of the prison boom. Eighty-five percent of the trend can be attributed to "get tough on crime" policies that have increased both the likelihood of a prison sentence and the length of time served. Shawn Bushway shows that while prison time effectively deters and incapacitates criminals in the short term, long-term benefits such as overall crime reduction or individual rehabilitation are less clear cut. Amy Lerman conducts a novel investigation into the effects of imprisonment on criminal psychology and uncovers striking evidence that placement in a high security penitentiary leads to increased rates of violence and anger—particularly in the case of first time or minor offenders. Rucker Johnson documents the spill-over effects of parental incarceration—children who have had a parent serve prison time exhibit more behavioral problems than their peers. Policies to enhance the well-being of these children are essential to breaking a devastating cycle of poverty, unemployment, and crime. John Donohue's economic calculations suggest that alternative social welfare policies such as education and employment programs for at-risk youth may lower crime just as effectively as prisons, but at a much lower human cost. The cost of hiring a new teacher is roughly equal to the cost of incarcerating an additional inmate. The United States currently imprisons a greater proportion of its citizens than any other nation in the world. Until now, however, we've lacked systematic and comprehensive data on how this prison boom has affected families, communities, and our nation as a whole. Do Prisons Make Us Safer? provides a highly nuanced and deeply engaging account of one of the most dramatic policy developments in recent U.S. history.


Access to Justice

Access to Justice

Author: Rebecca L. Sanderfur

Publisher: Emerald Group Publishing

Published: 2009-03-23

Total Pages: 288

ISBN-13: 1848552432

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Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.


Reforming Juvenile Justice

Reforming Juvenile Justice

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-22

Total Pages: 463

ISBN-13: 0309278937

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Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.


World Development Report 2017

World Development Report 2017

Author: World Bank Group

Publisher: World Bank Publications

Published: 2017-01-23

Total Pages: 605

ISBN-13: 1464809518

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Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.


Ending Overcriminalization and Mass Incarceration

Ending Overcriminalization and Mass Incarceration

Author: Anthony B. Bradley

Publisher: Cambridge University Press

Published: 2018-08-16

Total Pages: 235

ISBN-13: 1108427545

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Personalism points to reforming criminal justice from the person up by changing criminal law and enlisting civil society institutions.


Civil Service Reform

Civil Service Reform

Author: Donald F. Kettl

Publisher: Brookings Institution Press

Published: 2010-12-01

Total Pages: 126

ISBN-13: 9780815707356

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The authors of this book contend that the civil service system, which was devised to create a uniform process for recruiting high-quality workers to government, is no longer uniform or a system. Nor does it help government find and retain the workers it needs to build a government that works. The current civil service system was designed for a government in which federal agencies directly delivered most public services. But over the last generation, privatization and devolution have increased the number and importance of government's partnerships with private companies, nonprofit organizations, and state and local governments. Government workers today spend much of their time managing these partnerships, not delivering services, and this trend will only accelerate in the future. The authors contend that the current system poorly develops government workers who can effectively manage these partnerships, resulting too often in a gap between promise and performance. This short, lively, and bipartisan volume, authored by the nation's leading experts on government management, describes what the government of the future will look like, what it will need to work well, and how in particular the nation can build the next generation of workers required to lead it.