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The courts and officers

The courts and officers
Author: Eugene McQuillin
Publisher:
Total Pages: 934
Release: 1907
Genre: Civil procedure
ISBN:

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The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies
Author: Aziz Z. Huq
Publisher: Oxford University Press
Total Pages: 193
Release: 2021
Genre: LAW
ISBN: 0197556817

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"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--


Federal Rules of Court

Federal Rules of Court
Author:
Publisher:
Total Pages:
Release: 2021
Genre: Court rules
ISBN: 9781663319005

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Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 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.


Michigan Court Rules

Michigan Court Rules
Author: Kelly Stephen Searl
Publisher:
Total Pages: 520
Release: 1922
Genre: Court rules
ISBN:

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Performing Judicial Authority in the Lower Courts

Performing Judicial Authority in the Lower Courts
Author: Sharyn Roach Anleu
Publisher: Springer
Total Pages: 242
Release: 2017-05-10
Genre: Social Science
ISBN: 1137521597

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Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.


The Law of Magistrates and Constables, in the State of South-Carolina

The Law of Magistrates and Constables, in the State of South-Carolina
Author: B. C. Pressley
Publisher: Forgotten Books
Total Pages: 542
Release: 2017-12-02
Genre: Law
ISBN: 9780332348896

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Excerpt from The Law of Magistrates and Constables, in the State of South-Carolina: Comprising a Digest or the Duties and Powers of These Officers, as Established by the Statute Law, and Adjudged Cases in the Courts of This State; With an Addition of the Common Law of Crime; To Which Is Added, a Number of Warrants and Other Precedents, U The second was of those described in the said Statutes, as persons learned in the law, and had the same authority and duties as the first, with the additional proviso, that the presence of one of this number was always necessary to the trial and punishment of all Offences other than mere breaches of the peace. They were called Justices Of the Quorum, from that word being first In the clause, Of the commission, which assigned to them special duties. Ibid, and Lam. 48. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


Trust in the Law

Trust in the Law
Author: Tom R. Tyler
Publisher: Russell Sage Foundation
Total Pages: 265
Release: 2002-10-10
Genre: Psychology
ISBN: 1610445422

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Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust


The Law of Magistrates and Constables in the State of South-Carolina

The Law of Magistrates and Constables in the State of South-Carolina
Author: Benjamin Chaplin Pressley
Publisher: Franklin Classics
Total Pages: 542
Release: 2018-10-08
Genre:
ISBN: 9780341847052

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