Brian Bornstein and Monica Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.001.0001
- Subject:
- Psychology, Forensic Psychology
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness ...
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The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.Less
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0004
- Subject:
- Political Science, American Politics
The primary focus of this chapter is the relationship between group interests and the legislative policy process in Pennsylvania. In striking similarity to the situation in Congress, criminal justice ...
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The primary focus of this chapter is the relationship between group interests and the legislative policy process in Pennsylvania. In striking similarity to the situation in Congress, criminal justice agencies and a few prolific groups representing professional and single-issue citizen interests generally dominate. The citizen groups that appear are ones that specialize in the crime issue du jour—guns, sex offenses, crimes against children, or the death penalty. The share of hearings that includes citizen groups has increased, but a closer examination reveals that this is due to a dramatic increase in single-issue groups and a decline in groups with more diffuse interests. This picture of legislative crime hearings is confirmed by extensive interviews with state legislators, whose contact with citizen organizations is limited to a handful of high-profile, single-issue, and civil liberties groups such as the American Civil Liberties Union, Mothers Against Drunk Driving, and several statewide women's organizations. The ubiquity of prosecutors, law enforcement, and single-issue groups focused on women, children, and civil liberties leaves a glaring hole in policy debates about crime: the omission of the interests of the poor and urban minorities, many of whom face serious crime on a regular basis. This chapter also discusses the limitations of the American Civil Liberties Union as a group representing the broad interests of citizens at risk of crime and violence.Less
The primary focus of this chapter is the relationship between group interests and the legislative policy process in Pennsylvania. In striking similarity to the situation in Congress, criminal justice agencies and a few prolific groups representing professional and single-issue citizen interests generally dominate. The citizen groups that appear are ones that specialize in the crime issue du jour—guns, sex offenses, crimes against children, or the death penalty. The share of hearings that includes citizen groups has increased, but a closer examination reveals that this is due to a dramatic increase in single-issue groups and a decline in groups with more diffuse interests. This picture of legislative crime hearings is confirmed by extensive interviews with state legislators, whose contact with citizen organizations is limited to a handful of high-profile, single-issue, and civil liberties groups such as the American Civil Liberties Union, Mothers Against Drunk Driving, and several statewide women's organizations. The ubiquity of prosecutors, law enforcement, and single-issue groups focused on women, children, and civil liberties leaves a glaring hole in policy debates about crime: the omission of the interests of the poor and urban minorities, many of whom face serious crime on a regular basis. This chapter also discusses the limitations of the American Civil Liberties Union as a group representing the broad interests of citizens at risk of crime and violence.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0005
- Subject:
- Law, Comparative Law
This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the ...
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This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the same uniform State examination and are trained in the Legal Research and Training Institute for one year. Judges, public prosecutors, attorneys, para-legals, foreign attorneys, and the uniform state examination and legal training are discussed.Less
This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the same uniform State examination and are trained in the Legal Research and Training Institute for one year. Judges, public prosecutors, attorneys, para-legals, foreign attorneys, and the uniform state examination and legal training are discussed.
Jennifer Pierce
- Published in print:
- 1996
- Published Online:
- May 2012
- ISBN:
- 9780520201071
- eISBN:
- 9780520916401
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520201071.001.0001
- Subject:
- Anthropology, American and Canadian Cultural Anthropology
This ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, this book discovers that the double ...
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This ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, this book discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals. Working as a paralegal, ethnographic research was carried out in two law offices, its depiction of the legal world is quite unlike the glamorized version seen on television. The book portrays the dilemma that female attorneys face: A woman using tough, aggressive tactics—the ideal combative litigator—is often regarded as brash or even obnoxious by her male colleagues, yet any lack of toughness would mark her as ineffective. Women paralegals also face a double bind in corporate law firms. While lawyers depend on paralegals for important work, they also expect these women—for most paralegals are women—to nurture them and affirm their superior status in the office hierarchy. Paralegals who mother their bosses experience increasing personal exploitation, while those who do not face criticism and professional sanction. Male paralegals, the book finds, do not encounter the same difficulties that female paralegals do. The book argues that this gendered division of labor benefits men politically, economically, and personally. However, it finds that women lawyers and paralegals develop creative strategies for resisting and disrupting the male-dominated status quo.Less
This ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, this book discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals. Working as a paralegal, ethnographic research was carried out in two law offices, its depiction of the legal world is quite unlike the glamorized version seen on television. The book portrays the dilemma that female attorneys face: A woman using tough, aggressive tactics—the ideal combative litigator—is often regarded as brash or even obnoxious by her male colleagues, yet any lack of toughness would mark her as ineffective. Women paralegals also face a double bind in corporate law firms. While lawyers depend on paralegals for important work, they also expect these women—for most paralegals are women—to nurture them and affirm their superior status in the office hierarchy. Paralegals who mother their bosses experience increasing personal exploitation, while those who do not face criticism and professional sanction. Male paralegals, the book finds, do not encounter the same difficulties that female paralegals do. The book argues that this gendered division of labor benefits men politically, economically, and personally. However, it finds that women lawyers and paralegals develop creative strategies for resisting and disrupting the male-dominated status quo.
Patrick Polden
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258819
- eISBN:
- 9780191718151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258819.003.0033
- Subject:
- Law, Legal History
This chapter begins with a discussion of attorneys' and solicitors' quest for respectability. It then turns to the sociography of the solicitors' profession, solicitors in practice, solicitors in ...
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This chapter begins with a discussion of attorneys' and solicitors' quest for respectability. It then turns to the sociography of the solicitors' profession, solicitors in practice, solicitors in politics and society, professional organization, and notaries public.Less
This chapter begins with a discussion of attorneys' and solicitors' quest for respectability. It then turns to the sociography of the solicitors' profession, solicitors in practice, solicitors in politics and society, professional organization, and notaries public.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses a case of intense public interest in which two journalists refused to answer questions asked of them in the witness-box. As a result, they were sent to prison. This chapter ...
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This chapter discusses a case of intense public interest in which two journalists refused to answer questions asked of them in the witness-box. As a result, they were sent to prison. This chapter explains whether they were guilty of contempt of court or not. A preliminary point arose as to the relevancy of the question. A witness is only bound to answer a relevant question, not an irrelevant one. The cases, heard together, were Attorney-General v Mulholland; Attorney-General v Foster. That case made some journalists very angry. The New Statesman published an article by one of them against the judges to which the Daily Mirror retorted with a nice piece of satire. The Mirror recognised that it is the duty of a judge to administer the law as the law stands, and not as some would like it to be.Less
This chapter discusses a case of intense public interest in which two journalists refused to answer questions asked of them in the witness-box. As a result, they were sent to prison. This chapter explains whether they were guilty of contempt of court or not. A preliminary point arose as to the relevancy of the question. A witness is only bound to answer a relevant question, not an irrelevant one. The cases, heard together, were Attorney-General v Mulholland; Attorney-General v Foster. That case made some journalists very angry. The New Statesman published an article by one of them against the judges to which the Daily Mirror retorted with a nice piece of satire. The Mirror recognised that it is the duty of a judge to administer the law as the law stands, and not as some would like it to be.
Brian H. Bornstein and Monica K. Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.003.001
- Subject:
- Psychology, Forensic Psychology
The United States has recently seen a religious resurgence. Americans are attending church in larger numbers than ever before, and mass media and popular entertainment are saturated with religious ...
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The United States has recently seen a religious resurgence. Americans are attending church in larger numbers than ever before, and mass media and popular entertainment are saturated with religious references. Importantly, religion is prominent in legal contexts as well, whether it involves the Ten Commandments in the courthouse, priests on trial for sexual abuse, jurors excused from jury service because of their religion, or judges sentencing criminal defendants to attend church. This chapter provides a thumbnail sketch of the place of religion in American life, explains why we should care about religion's role at trial, comments briefly on empirical issues in researching religion in legal contexts, and gives an overview of the remainder of the book. It also introduces a central theme in the book, namely, the normative and descriptive approaches to the issue. The normative question asks, “To what extent and in what ways should religion matter at trial?” The descriptive question asks “In what ways does religion matter at trial?”Less
The United States has recently seen a religious resurgence. Americans are attending church in larger numbers than ever before, and mass media and popular entertainment are saturated with religious references. Importantly, religion is prominent in legal contexts as well, whether it involves the Ten Commandments in the courthouse, priests on trial for sexual abuse, jurors excused from jury service because of their religion, or judges sentencing criminal defendants to attend church. This chapter provides a thumbnail sketch of the place of religion in American life, explains why we should care about religion's role at trial, comments briefly on empirical issues in researching religion in legal contexts, and gives an overview of the remainder of the book. It also introduces a central theme in the book, namely, the normative and descriptive approaches to the issue. The normative question asks, “To what extent and in what ways should religion matter at trial?” The descriptive question asks “In what ways does religion matter at trial?”
Brian H. Bornstein and Monica K. Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.003.007
- Subject:
- Psychology, Forensic Psychology
This chapter considers the role that religion plays in routine legal practice. This matter raises a host of related questions, such as: How religiously diverse is the legal profession in the United ...
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This chapter considers the role that religion plays in routine legal practice. This matter raises a host of related questions, such as: How religiously diverse is the legal profession in the United States? Does religion have a place in legal education, in either secular or religious law schools? How do religious lawyers reconcile their faith with the sometimes competing demands of their profession (e.g., representing clients who have committed unscrupulous or even evil acts)? A growing “Religious Lawyering Movement” has addressed many of these issues, and the chapter draws on that literature here.Less
This chapter considers the role that religion plays in routine legal practice. This matter raises a host of related questions, such as: How religiously diverse is the legal profession in the United States? Does religion have a place in legal education, in either secular or religious law schools? How do religious lawyers reconcile their faith with the sometimes competing demands of their profession (e.g., representing clients who have committed unscrupulous or even evil acts)? A growing “Religious Lawyering Movement” has addressed many of these issues, and the chapter draws on that literature here.
Brian H. Bornstein and Monica K. Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.003.008
- Subject:
- Psychology, Forensic Psychology
Recently, religion has found its way into trial through the arguments that some lawyers have offered in their closing statements. Specifically, prosecutors have used Biblical appeals, such as the ...
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Recently, religion has found its way into trial through the arguments that some lawyers have offered in their closing statements. Specifically, prosecutors have used Biblical appeals, such as the “eye for an eye” doctrine to convince jurors to give the death penalty. In contrast, defense attorneys have urged jurors to show mercy, for instance by encouraging them to forgive, as Jesus did when he said to “turn the other cheek.” Courts are inconsistent in their stance on the admissibility of such arguments, and the reasons offered for disallowing religious arguments are varied. In essence, courts that forbid Biblical appeals are concerned about their impact on jury decision making. Empirical research on the question has yielded somewhat conflicting findings. This chapter discusses the use of Biblical appeals, highlighting the court opinions, legal analyses, and research findings.Less
Recently, religion has found its way into trial through the arguments that some lawyers have offered in their closing statements. Specifically, prosecutors have used Biblical appeals, such as the “eye for an eye” doctrine to convince jurors to give the death penalty. In contrast, defense attorneys have urged jurors to show mercy, for instance by encouraging them to forgive, as Jesus did when he said to “turn the other cheek.” Courts are inconsistent in their stance on the admissibility of such arguments, and the reasons offered for disallowing religious arguments are varied. In essence, courts that forbid Biblical appeals are concerned about their impact on jury decision making. Empirical research on the question has yielded somewhat conflicting findings. This chapter discusses the use of Biblical appeals, highlighting the court opinions, legal analyses, and research findings.
Suzanne K. Drouet and Patrick E. Kent
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.011
- Subject:
- Psychology, Forensic Psychology
Historically, a criminal prosecution based on identification evidence has forced defense attorneys to defend their clients with little more than a set of cross-examination questions. Faced with the ...
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Historically, a criminal prosecution based on identification evidence has forced defense attorneys to defend their clients with little more than a set of cross-examination questions. Faced with the honest but mistaken eyewitness, the attorney's questions often accomplish nothing other than making the witness more certain. Social science research into the factors affecting eyewitness identification has added a new tool to the litigator's arsenal. This chapter advises defense attorneys how to use a new approach to eyewitness litigation through the use of identification experts. Getting the identification expert into the defense case and into the courtroom requires knowledge of relevant research and thorough preparation. The chapter discusses the many issues that arise when using identification experts, including selecting the appropriate case, handling the admissibility hearing, and formulating innovative jury instructions.Less
Historically, a criminal prosecution based on identification evidence has forced defense attorneys to defend their clients with little more than a set of cross-examination questions. Faced with the honest but mistaken eyewitness, the attorney's questions often accomplish nothing other than making the witness more certain. Social science research into the factors affecting eyewitness identification has added a new tool to the litigator's arsenal. This chapter advises defense attorneys how to use a new approach to eyewitness litigation through the use of identification experts. Getting the identification expert into the defense case and into the courtroom requires knowledge of relevant research and thorough preparation. The chapter discusses the many issues that arise when using identification experts, including selecting the appropriate case, handling the admissibility hearing, and formulating innovative jury instructions.
Monica K. Miller and Brian H. Bornstein (eds)
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199829996
- eISBN:
- 9780199301492
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199829996.001.0001
- Subject:
- Psychology, Forensic Psychology
Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal ...
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Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal system as a whole. Stress and trauma can also affect the individual on a more personal level, affecting their relationships, job satisfaction and overall health. On the other hand, contact with the legal system has potential to promote wellbeing for many individuals, such as victims who feel that justice was served and jurors and judges who feel they have helped preserve the integrity of the legal system. This book consolidates the theory and research concerning the impact that being involved with the legal system has on a variety of groups. It also discusses the lengths the legal system has gone to in order to protect these individuals, such as counseling for jurors after stressful trials, and allowing children to testify by closed circuit TV. Finally, after reviewing the literature and summarizing the existing research, each chapter points out where research is lacking. In all, the book provides an overview of how being involved in the legal system can affect various groups of people ranging from witnesses to attorneys to victims.Less
Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal system as a whole. Stress and trauma can also affect the individual on a more personal level, affecting their relationships, job satisfaction and overall health. On the other hand, contact with the legal system has potential to promote wellbeing for many individuals, such as victims who feel that justice was served and jurors and judges who feel they have helped preserve the integrity of the legal system. This book consolidates the theory and research concerning the impact that being involved with the legal system has on a variety of groups. It also discusses the lengths the legal system has gone to in order to protect these individuals, such as counseling for jurors after stressful trials, and allowing children to testify by closed circuit TV. Finally, after reviewing the literature and summarizing the existing research, each chapter points out where research is lacking. In all, the book provides an overview of how being involved in the legal system can affect various groups of people ranging from witnesses to attorneys to victims.
Richard L. Abel
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199760374
- eISBN:
- 9780199827077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199760374.003.0003
- Subject:
- Law, Legal Profession and Ethics
Overcharging and neglect are the two most common client complaints. Lawyers must not “enter into an agreement for, charge, or collect an illegal or unconscionable fee”. This chapter focuses on the ...
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Overcharging and neglect are the two most common client complaints. Lawyers must not “enter into an agreement for, charge, or collect an illegal or unconscionable fee”. This chapter focuses on the Medical Injuries Compensation Reform Act (MICRA), enacted by the California legislature in 1975, which set limits on the contingent fees of plaintiffs' lawyers and required them to give clients a duplicate copy of the retainer.Less
Overcharging and neglect are the two most common client complaints. Lawyers must not “enter into an agreement for, charge, or collect an illegal or unconscionable fee”. This chapter focuses on the Medical Injuries Compensation Reform Act (MICRA), enacted by the California legislature in 1975, which set limits on the contingent fees of plaintiffs' lawyers and required them to give clients a duplicate copy of the retainer.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0008
- Subject:
- Law, Constitutional and Administrative Law
The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present ...
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The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present tendency is to say that the process should be left in the hands of the Attorney-General: that he is the person who should decide whether it should be invóked or not. It is no doubt proper for any complaint to be laid before the Attorney-General so that he may, if he thinks fit, institute proceedings for contempt. But it should not be exclusively in his hands. Some cases wear a political complexion. The Attorney-General may be reluctant to take proceedings for fear of repercussions affecting his party. So the courts should be able to take steps at the instance of anyone who has a sufficient interest in the matter.Less
The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present tendency is to say that the process should be left in the hands of the Attorney-General: that he is the person who should decide whether it should be invóked or not. It is no doubt proper for any complaint to be laid before the Attorney-General so that he may, if he thinks fit, institute proceedings for contempt. But it should not be exclusively in his hands. Some cases wear a political complexion. The Attorney-General may be reluctant to take proceedings for fear of repercussions affecting his party. So the courts should be able to take steps at the instance of anyone who has a sufficient interest in the matter.
August Reinisch
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199595297
- eISBN:
- 9780191595752
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595297.003.0006
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter discusses the implications of the English Lenzing case which concerned an indirect attack against the European Patent Office's revocation of a patent. In addition, it demonstrates how ...
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This chapter discusses the implications of the English Lenzing case which concerned an indirect attack against the European Patent Office's revocation of a patent. In addition, it demonstrates how the German Constitutional Court has extended its Solange jurisprudence to other international organizations like EPO in order to guarantee a core fundamental rights protection under German constitutional law. This theme underlies a number of cases, dealing not only with the EPO's central tasks of granting or revoking European patents, but also concerning EPO decisions to admit persons as European Patent Attorneys or staff-related decisions of the EPO itself or the Administrative Tribunal of the International Labour Organization (ILOAT) on appeal. The working hypotheses receive support from the cases investigated.Less
This chapter discusses the implications of the English Lenzing case which concerned an indirect attack against the European Patent Office's revocation of a patent. In addition, it demonstrates how the German Constitutional Court has extended its Solange jurisprudence to other international organizations like EPO in order to guarantee a core fundamental rights protection under German constitutional law. This theme underlies a number of cases, dealing not only with the EPO's central tasks of granting or revoking European patents, but also concerning EPO decisions to admit persons as European Patent Attorneys or staff-related decisions of the EPO itself or the Administrative Tribunal of the International Labour Organization (ILOAT) on appeal. The working hypotheses receive support from the cases investigated.
Jennifer K. Robbennolt and Valerie P. Hans
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780814724941
- eISBN:
- 9780814724712
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814724941.001.0001
- Subject:
- Psychology, Social Psychology
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge ...
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules and tort law practice. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.Less
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules and tort law practice. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Richard S. Katz
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780195044294
- eISBN:
- 9780199854752
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195044294.003.0002
- Subject:
- Political Science, Comparative Politics
This chapter examines the history of early voting and elections. It describes the functions and procedures of elections in four different settings. The purposes of the idea of election through ...
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This chapter examines the history of early voting and elections. It describes the functions and procedures of elections in four different settings. The purposes of the idea of election through history have included the prevention of tyranny in Athens, the confirmation of authority through consent in the Roman Republic, the discovery of a divinely ordained choice in the medieval Catholic Church, and the selection of attorneys to act for the community in 13th- through 18th-century England.Less
This chapter examines the history of early voting and elections. It describes the functions and procedures of elections in four different settings. The purposes of the idea of election through history have included the prevention of tyranny in Athens, the confirmation of authority through consent in the Roman Republic, the discovery of a divinely ordained choice in the medieval Catholic Church, and the selection of attorneys to act for the community in 13th- through 18th-century England.
Nigel Saul
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199215980
- eISBN:
- 9780191710001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199215980.003.0011
- Subject:
- History, History of Religion
This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two ...
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This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two groups comprising the order of the coif — show the commemorated in their professional attire, indicating a perception of that attire as a mark of status. The monuments of two other groups — the notaries and apprentices, likewise show their subjects in professional attire — the apprentices being recognisable by their tall puffed hat. Below the level of the apprentices, the local attorneys wore no professional attire and are recognisable only from the descriptions of status on their epitaphs. At all levels, the lawyers were torn between a professional and a gentry identity. Among the attorneys it was the gentry identity that triumphed.Less
This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two groups comprising the order of the coif — show the commemorated in their professional attire, indicating a perception of that attire as a mark of status. The monuments of two other groups — the notaries and apprentices, likewise show their subjects in professional attire — the apprentices being recognisable by their tall puffed hat. Below the level of the apprentices, the local attorneys wore no professional attire and are recognisable only from the descriptions of status on their epitaphs. At all levels, the lawyers were torn between a professional and a gentry identity. Among the attorneys it was the gentry identity that triumphed.
Shoba Sivaprasad Wadhia and Leon Wildes
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781479829224
- eISBN:
- 9781479807543
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479829224.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion ...
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This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion can be exercised in the criminal system including the charging, grand jury, plea bargaining, and sentencing stages. This chapter examines how immigration prosecutorial discretion compares to analogous processes in the criminal system and how the immigration agency has relied on criminal guidelines to formulate its own policy on prosecutorial discretion. For example, the INS memorandum from Doris Meissner on prosecutorial discretion relies on the U.S. Attorneys’ Manual’s Principles of Federal Prosecution, a document published by the Department of Justice. While there are similarities between the criminal and immigration systems, there are two sharp differences raised by this chapter. First, the immigration system is a civil system and lacks many of the safeguards available in the criminal system. Furthermore, the influences and incentives that drive immigration prosecutorial discretion are distinct from those that typically affect criminal prosecutorial discretion.Less
This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion can be exercised in the criminal system including the charging, grand jury, plea bargaining, and sentencing stages. This chapter examines how immigration prosecutorial discretion compares to analogous processes in the criminal system and how the immigration agency has relied on criminal guidelines to formulate its own policy on prosecutorial discretion. For example, the INS memorandum from Doris Meissner on prosecutorial discretion relies on the U.S. Attorneys’ Manual’s Principles of Federal Prosecution, a document published by the Department of Justice. While there are similarities between the criminal and immigration systems, there are two sharp differences raised by this chapter. First, the immigration system is a civil system and lacks many of the safeguards available in the criminal system. Furthermore, the influences and incentives that drive immigration prosecutorial discretion are distinct from those that typically affect criminal prosecutorial discretion.
Claire Henry and Sheila Joseph
- Published in print:
- 2010
- Published Online:
- November 2011
- ISBN:
- 9780199561636
- eISBN:
- 9780191730542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561636.003.0007
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
This chapter provides an introduction to and national context for the importance of Advance Care Planning (ACP) in the Department of Health End of Life Care Strategy in England. It also presents ...
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This chapter provides an introduction to and national context for the importance of Advance Care Planning (ACP) in the Department of Health End of Life Care Strategy in England. It also presents background publications which have highlighted the need for ACP, issues surrounding ACP, resources to support the process of ACP, the practicalities of implementation, and further developments. ACP is delivered as a process of discussion between an individual and their care provider, irrespective of discipline, with or without their carer/family involvement. Outputs may include a statement of wishes and preferences, decisions to refuse treatment, and/or Lasting Power of Attorney. Meanwhile, guidance from Health and Social Care Staff has been published. Further work is underway in areas of education, communication, and information transfer.Less
This chapter provides an introduction to and national context for the importance of Advance Care Planning (ACP) in the Department of Health End of Life Care Strategy in England. It also presents background publications which have highlighted the need for ACP, issues surrounding ACP, resources to support the process of ACP, the practicalities of implementation, and further developments. ACP is delivered as a process of discussion between an individual and their care provider, irrespective of discipline, with or without their carer/family involvement. Outputs may include a statement of wishes and preferences, decisions to refuse treatment, and/or Lasting Power of Attorney. Meanwhile, guidance from Health and Social Care Staff has been published. Further work is underway in areas of education, communication, and information transfer.
J. Mark Ramseyer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780226281995
- eISBN:
- 9780226282046
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226282046.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Japanese people file few lawsuits. They do not file few suits because the Japanese culture discourages them from asserting their claims(After all, they do assert their claims.). Neither do Japanese ...
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Japanese people file few lawsuits. They do not file few suits because the Japanese culture discourages them from asserting their claims(After all, they do assert their claims.). Neither do Japanese file few suits because they face institutional barriers to litigation. They face fewer barriers than American claimants face. Instead, Japanese file fewer suits because they face a legal system that signals to them—in advance—the amounts they would collect or owe if they did take their dispute to court. If they know what the judge would say if they asked, they have little reason to actuallyask him. Economists call it the “theory of the second best.” Sometimes when a given factor (the cost of legal services, for example, or the human inability to reconstruct the past) prevents one from attaining a given goal (individualized damage computations, for example), one does best not even to try. Instead, one does better to make do with more modest goals. The Japanese courts provide this predictability because Japanese expect less of their courts than Americans do. Americans sue because the legal system works so badly—and in part it works badly they try too hard to offer a perfect legal system. Japanese expect less of their courts, but what it supplies it delivers very effectively.Less
Japanese people file few lawsuits. They do not file few suits because the Japanese culture discourages them from asserting their claims(After all, they do assert their claims.). Neither do Japanese file few suits because they face institutional barriers to litigation. They face fewer barriers than American claimants face. Instead, Japanese file fewer suits because they face a legal system that signals to them—in advance—the amounts they would collect or owe if they did take their dispute to court. If they know what the judge would say if they asked, they have little reason to actuallyask him. Economists call it the “theory of the second best.” Sometimes when a given factor (the cost of legal services, for example, or the human inability to reconstruct the past) prevents one from attaining a given goal (individualized damage computations, for example), one does best not even to try. Instead, one does better to make do with more modest goals. The Japanese courts provide this predictability because Japanese expect less of their courts than Americans do. Americans sue because the legal system works so badly—and in part it works badly they try too hard to offer a perfect legal system. Japanese expect less of their courts, but what it supplies it delivers very effectively.
