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Decision Making in the Absence of Successful Fact Finding

Decision Making in the Absence of Successful Fact Finding
Author: Jeffrey S. Parker
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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In this paper we report on our experimental findings concerning the differences in decisional treatment between adversarial and inquisitorial systems where the proceedings fail to achieve explicit revelation of decisive facts. In particular, we use our data both: (1) to test the interesting hypothesis put forth by Shin (1998) that adversarial versus inquisitorial decision systems will differ in their reaction to the case of non-revelation in a predictably systematic manner; and (2) to shed some light on the purely distributional consequences of both procedures. While we find that our decision makers do not follow the inferential process postulated by Shin, it does appear that adversarial decision makers have a stronger tendency than inquisitorial decision makers to favor equal division of the amount at stake.


Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Author: Michelle T. Grando
Publisher: Oxford University Press
Total Pages: 446
Release: 2009-12-24
Genre: Law
ISBN: 019957264X

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This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.


Encyclopedia of Law and Society

Encyclopedia of Law and Society
Author: David S. Clark
Publisher: SAGE
Total Pages: 1809
Release: 2007-07-10
Genre: Law
ISBN: 076192387X

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Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.


Research Handbook on Austrian Law and Economics

Research Handbook on Austrian Law and Economics
Author: Todd J. Zywicki
Publisher: Edward Elgar Publishing
Total Pages: 451
Release: 2017-12-29
Genre: Austria
ISBN: 1788113101

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The original contributions to the Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, self-governance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law).


Psychological Evaluations for the Courts

Psychological Evaluations for the Courts
Author: Gary B. Melton
Publisher: Guilford Publications
Total Pages: 994
Release: 2017-12-04
Genre: Psychology
ISBN: 1462535534

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Tens of thousands of readers have relied on this leading text and practitioner reference--now revised and updated--to understand the issues the legal system most commonly asks mental health professionals to address. The volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas. Case examples, exercises, and a glossary facilitate learning; 19 sample reports illustrate how to conduct and write up thorough, legally admissible evaluations. New to This Edition *Extensively revised to reflect important legal, empirical, and clinical developments. *Increased attention to medical and neuroscientific research. *New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations. *Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony. *Material on immigration law (including a sample report) and international law. *New and revised sample reports.


Comparative Politics

Comparative Politics
Author: John T. Ishiyama
Publisher: John Wiley & Sons
Total Pages: 269
Release: 2011-03-01
Genre: Political Science
ISBN: 1444342924

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By revealing the contextual conditions which promote or hinder democratic development, Comparative Politics shows how democracy may not be the best institutional arrangement given a country's unique set of historical, economic, social, cultural and international circumstances. Addresses the contextual conditions which promote or hinder democratic development Reveals that democracy may not be the best institutional arrangement given a country's unique set of historical, economic, social, cultural and international circumstances Applies theories and principles relating to the promotion of the development of democracy to the contemporary case studies


Law and Economics in Europe and the U.S.

Law and Economics in Europe and the U.S.
Author: Alain Marciano
Publisher: Springer
Total Pages: 230
Release: 2016-11-30
Genre: Law
ISBN: 3319474715

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This volume traces the evolution of the field of law and economics from its European roots to its neoclassical “Chicagoan” period to its current identity as a more fluid, transatlantic discipline. Paying special attention to the work of German economist Juergen Backhaus, who was instrumental in the reintroduction of the European perspective to the field, this book analyzes this gradual shift in the law and economics debate and provides a state-of-the-art of the literature currently being produced by the field’s most active scholars. Beginning with a discussion of the history of the field and Backhaus’ role in its development, the volume provides a survey of issues central to the current debate such as legal processes in both Europe and the U.S., constitutional political economy, regulatory law, and the ongoing evolution of the European Union. The importance of this volume is two-fold, as it firmly grounds the discipline in history while establishing a future research agenda. This book will be of use to researchers studying law and economics as well as those interested in institutional analysis.


21st Century Political Science: A Reference Handbook

21st Century Political Science: A Reference Handbook
Author: John T Ishiyama
Publisher: SAGE
Total Pages: 937
Release: 2011
Genre: Political Science
ISBN: 1412969018

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Offering full coverage of major subthemes and subfields within political science this reference handbook includes entries on topics from theory and methodology to international relations and institutions.


Legal-Lay Discourse and Procedural Justice in Family and County Courts

Legal-Lay Discourse and Procedural Justice in Family and County Courts
Author: Tatiana Grieshofer
Publisher: Cambridge University Press
Total Pages: 139
Release: 2024-04-30
Genre: Language Arts & Disciplines
ISBN: 1009378007

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Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.