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Criminal Procedure: Adjudication
Combining first-hand knowledge of the criminal procedure system with stellar constitutional law scholarship, Levenson and Chemerinsky now offer a free-standing and student-friendly casebook that focuses on the adjudication phase of criminal procedure. Written in the eminently articulate style that characterizes Chemerinsky s Constitutional Law casebook, Criminal Procedure: Adjudication offers:
straightforward essays by the authors that illuminate principal and minor cases
a first-chapter overview of criminal procedure that looks at:
the roles of the participants
the progression of a case through the system
key procedural rules and governing principles
the Incorporation Doctrine
the test for determining when new procedural rules should be applied retroactively
a consistent and systematic chapter structure that:
introduces the topic
discusses the history and development of the law
cites examples from recent cases where the key issues have been raised
offers an analytic critique of the resolution of the issues
chronologically organized chapter topics that mirror the sequential ordering of the adjudication process samples of legal pleadings that exemplify attorneys actual arguments
a panoramic perspective on practice as conveyed through the eyes of prosecutors, defense counsel, judges, police, and victims Supreme Court cases from the 2006-2007 term
a detailed Teacher s Manual that offers questions and answers to support teaching and fuel class discussion
an expanded teaching package that includes PowerPoint slides, a DVD that presents the facts and backgrounds of several key cases, and an author website
Sure, it is a pleasure to teach and to read, but you could decide to adopt it simply for the wealth of experience and expertise that Chemerinsky and Levenson bring to their subject..
Price: $75.00
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Adjudication and Its Alternatives: An Introduction to Procedure (University Casebook)
In Adjudication and Alternatives: An Introduction to Procedure , Professor Fiss and Professor Resnik help students to become familiar with the model of individualized procedural fairness and trans-substantive rulemaking represented by the Federal Rules of Civil Procedure and by the "due process revolution" of the 1960s. But this volume also teaches students to understand the decomposition of the trans-substantive model -- brought about by amendments to the Rules and by legislative interventions, as well as by the embrace of less formal processes. This volume enables students entering law school to gain appreciation for the aspirations for easing access to courts, empowering judges, and enabling information exchange among parties -- goals that framed procedural rulemaking during many decades of the twentieth century. This volume also acquaints students with the critiques of that framework and helps students understand the more recent efforts to limit adversarial excesses and to restrain lawyers more generally, to decrease the number of disputes in courts, to obtain dispositions at higher rates and with less variation, and to constrain certain forms of judicial authority. This book provides an ideal background for more advanced work, focused on the procedural system of the Federal Rules of Civil Procedure, on Alternative Dispute Resolution, on Large Scale or Complex Litigation, and on Jurisdiction, whether domestic or international. What this book also offers first year teachers is a set of problems spanning the socio-economic spectrum and raised by litigants whose lives as women and men of all colors are profoundly affected by political understandings of gender, race, ethnicity, and class..
Price: $135.00
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Understanding and Explaining Adjudication
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Constitutional Adjudication: The Costa Rican Experience
This book traces the legal and historical development of one of the most important aspects of constitutionalism - constitutional adjudication (or "judicial review"), in a country with a longstanding commitment to the rule of law - Costa Rica. "This book reflects a very high level of legal scholarship on Latin American constitutional law and, upon publication, will become the definitive English-language work on Costa Rican constitutionalism." - from the Preface by Professor Keith S. Rosenn, University of Miami School of Law. The purpose of this book is to present a picture of constitutional adjudication in Costa Rica in a way that will be interesting and useful to students of comparative constitutional law, legal and political history, government, and Latin American area studies. The term "constitutional adjudication," as used herein, refers to those processes and procedures by which constitutional questions are presented to and answered by judicial tribunals, and the substantive constitutional jurisprudence thus produced. The organization of the book is, for the most part, historical. Chapter I focuses on the system of constitutional adjudication that developed gradually during the early part of the Twentieth Century, was modified and clarified by the Constitution of 1949 and laws enacted shortly thereafter, and remained in operation until 1989. Chapter II begins with an overview of Costa Rica's constitutional history, and particularly its methods of resolving constitutional questions - from independence (in 1821) to 1989. That overview is followed by a fairly detailed examination of the proposals, arguments, and processes that in 1989 resulted in the substantial reform of the process of constitutional adjudication. The chapter concludes with an examination of the early jurisprudence under the 1989 reform and a suggestion of some of its successes and problems evident in the early 1990's. Chapter III is devoted to a discussion and evaluation of the first decade of the new (i.e., 1989) system of constitutional adjudication, in both its juridical and general aspects. Chapter IV begins where the preceding chapter leaves off, explaining and analyzing those Twenty-First Century decisions of greatest juridical, political, and societal importance, and identifying areas of new or continuing controversy difficulty. About the author: Robert S. Barker is Distinguished Professor Law at Duquesne University and Adjunct Professor of Law at the University of Pittsburgh. His Latin American experience began as a U.S. Peace Corps Volunteer-lawyer in Panama in the 1960's, where he played an important role in the establishment of the program of legal assistance to the marginal communities of Panama City. Since then, in addition to his research activities in Costa Rica, he has been a Fulbright Scholar in Argentina, Chairman of the Constitutional Law Committee and General Reporter of the Inter-American Bar Association, and a frequent speaker on constitutional topics throughout Latin America..
Price: $30.95
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Interpretation, Law and the Construction of Meaning: Collected Papers on Legal Interpretation in Theory, Adjudication and Political Practice
Legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. In response to new problems, changing power structures, changing societal norms and new faces of injustice established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal semiotics. Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define? This book discusses the questions mentioned above from three, related perspectives:
- Legal theory (Part I). This part discusses how more traditional approaches have dealt with the problem of legal interpretation and indeterminacy, questions the methods applied in traditional legal theory and offers new theoretical tools to understand the problem of legal interpretation.
- Judicial reasoning (Part II). The insights discussed in Part I are refined using legal semiotics, speech act theory and rhetorics and applied to the legal reasoning of courts and tribunals either in common law and civil law traditions.
- Application of law in politics and diplomatic practice (Part III). Traditionally, the study of legal reasoning has focussed on the application of law by courts and tribunals. However, legal reasoning also takes place outside the courtroom and takes up in the political and diplomatic arena. Who is included and excluded by particular conceptions of law? How does law deal with the phenomenon of interculturality?
"Combining theoretical inspiration with a keen interest in case law, this volume will appeal to scholars and students of legal theory, jurisprudence, legal anthropology, postcolonial studies, indeed to anyone who’s interested in problems of interpretation in legal and political theory and practice. It should also come in very handy in the classroom." Ronnie Lippens, Professor of Criminology, Keele University .
Price: $76.26
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