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Transformation of Civil Justice

Author: Alan Uzelac

Publisher: Springer

Published: 2018-09-03

Total Pages: 420

ISBN-13: 3319973584

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.

Bending Toward Justice

Author: Gary May

Publisher: Basic Books

Published: 2013-04-09

Total Pages: 337

ISBN-13: 0465050735

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When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.

The Little Book of Race and Restorative Justice

Author: Fania E. Davis

Publisher: Simon and Schuster

Published: 2019-04-16

Total Pages: 104

ISBN-13: 1680993445

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In our era of mass incarceration, gun violence, and Black Lives Matters, a handbook showing how racial justice and restorative justice can transform the African-American experience in America. This timely work will inform scholars and practitioners on the subjects of pervasive racial inequity and the healing offered by restorative justice practices. Addressing the intersectionality of race and the US criminal justice system, social activist Fania E. Davis explores how restorative justice has the capacity to disrupt patterns of mass incarceration through effective, equitable, and transformative approaches. Eager to break the still-pervasive, centuries-long cycles of racial prejudice and trauma in America, Davis unites the racial justice and restorative justice movements, aspiring to increase awareness of deep-seated problems as well as positive action toward change. Davis highlights real restorative justice initiatives that function from a racial justice perspective; these programs are utilized in schools, justice systems, and communities, intentionally seeking to ameliorate racial disparities and systemic inequities. Chapters include: Chapter 1: The Journey to Racial Justice and Restorative Justice Chapter 2: Ubuntu: The Indigenous Ethos of Restorative Justice Chapter 3: Integrating Racial Justice and Restorative Justice Chapter 4: Race, Restorative Justice, and Schools Chapter 5: Restorative Justice and Transforming Mass Incarceration Chapter 6: Toward a Racial Reckoning: Imagining a Truth Process for Police Violence Chapter 7: A Way Forward She looks at initiatives that strive to address the historical harms against African Americans throughout the nation. This newest addition the Justice and Peacebuilding series is a much needed and long overdue examination of the issue of race in America as well as a beacon of hope as we learn to work together to repair damage, change perspectives, and strive to do better.

The Transformation of Human Rights Fact-finding

Author: Philip Alston

Publisher: Oxford University Press

Published: 2016

Total Pages: 577

ISBN-13: 0190239492

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This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.

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.

Government by Judiciary

Author: Raoul Berger

Publisher:

Published: 1997

Total Pages: 596

ISBN-13:

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It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

The Transformation Of The Supreme Court's Agenda

Author: Richard Pacelle

Publisher: Routledge

Published: 2019-06-26

Total Pages: 210

ISBN-13: 1000306453

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When we think of judicial activism–the Court's role in making public policy–we often focus on individuals: the Robert Borks or Thurgood Marshalls of the times. In this book, Richard Pacelle explores the institutional judicial activism of the Supreme Court through the dramatic changes in its agenda as it has evolved from 1933 to the present. Once dominated by economic issues, the Supreme Court's agenda is now populated largely by cases involving individual rights and liberties. This shift is hardly accidental, Pacelle argues, and he offers quantitative as well as qualitative assessments of the means and motivations for change. Over 7,500 cases serve as the basis of analysis, and the narrative is amplified by informative appendixes: an explanation of the author's case taxonomy, a chronology of the Court's chief justices, a list of cases cited, and a digest of key cases. The systematic framework provided for tracing historical changes in the Supreme Court's agenda is the first of its kind and is sure to be valuable in future analyses and projections of coming change beyond the Rehnquist Court.

Bicycle Justice and Urban Transformation

Author: Aaron Golub

Publisher: Routledge

Published: 2016-07-15

Total Pages: 294

ISBN-13: 1317362330

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As bicycle commuting grows in the United States, the profile of the white, middle-class cyclist has emerged. This stereotype evolves just as investments in cycling play an increasingly important role in neighborhood transformations. However, despite stereotypes, the cycling public is actually quite diverse, with the greatest share falling into the lowest income categories. Bicycle Justice and Urban Transformation demonstrates that for those with privilege, bicycling can be liberatory, a lifestyle choice, whereas for those surviving at the margins, cycling is not a choice, but an often oppressive necessity. Ignoring these "invisible" cyclists skews bicycle improvements towards those with choices. This book argues that it is vital to contextualize bicycling within a broader social justice framework if investments are to serve all street users equitably. "Bicycle justice" is an inclusionary social movement based on furthering material equity and the recognition that qualitative differences matter. This book illustrates equitable bicycle advocacy, policy and planning. In synthesizing the projects of critical cultural studies, transportation justice and planning, the book reveals the relevance of social justice to public and community-driven investments in cycling. This book will interest professionals, advocates, academics and students in the fields of transportation planning, urban planning, community development, urban geography, sociology and policy.

Gideon's Promise

Author: Jonathan Rapping

Publisher: Beacon Press

Published: 2020-08-18

Total Pages: 250

ISBN-13: 0807064629

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A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.