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The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


‘Guardian of Civil Rights…Medieval Relic’: The Civil Jury in Canada

W. A. Bogart

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0012
Subject:
Law, Comparative Law, Legal Profession and Ethics

Despite broad public support, the civil jury in Canada exists in some jurisdictions in little more than name only, while it has been abolished in a few jurisdictions. Civil juries appear to be used ... More


The Civil Jury in America

Stephan Landsman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0011
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter addresses questions regarding the function of the modern jury. These include why juries have been given so important a place in the judicial process, and how the jury ought to be ... More


Slave Emancipation and the Revolutionizing of Human Rights

Amy Dru Stanley

in The World the Civil War Made

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469624181
eISBN:
9781469624204
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469624181.003.0012
Subject:
History, American History: Civil War

This chapter examines the Civil Rights Act of 1875, also known as the Supplementary Civil Rights Act because it was intended as a supplement to the 1866 Civil Rights Act, from a human rights ... More


Forensic issues in neuropsychology

William W. McKinlay, Michaela McGowan, and Jane V. Russell

in The Handbook of Clinical Neuropsychology

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199234110
eISBN:
9780191594250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199234110.003.36
Subject:
Psychology, Neuropsychology, Clinical Psychology

This chapter discusses the role of neuropsychology in civil and criminal cases. Neuropsychologists may be called on to assist in civil cases (e.g., in personal injury claims after traumatic brain ... More


CIVIL PROCEDURE

Neil Andrews

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0022
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter first discusses the Civil Procedure Rules 1998 (CPR) and the sources of English civil procedure. It then covers the stages in the course of a civil action; commencement of proceedings; ... More


Mediation in England and Wales: Regulation and Practice

Jens M. Scherpe and Bevan Marten

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0006
Subject:
Law, Comparative Law, Private International Law

This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action ... More


The Much-Maligned Antitrust Jury

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0006
Subject:
Law, Competition Law

This chapter considers the jury as a distinct institution. The chapter's consideration of the available evidence concentrates on the following areas: antitrust cases the criminal and civil domaines; ... More


The Continuing Decline of the English Jury

Sally Lloyd-Bostock and Cheryl Thomas

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0002
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter begins with a historical look at the English jury, and then briefly places the jury and jury reform in the context of the English legal and political system. After outlining the limited ... More


The Ear: Listening to Noise, Hearing Cases

Mirco Göpfert

in Policing the Frontier: An Ethnography of Two Worlds in Niger

Published in print:
2020
Published Online:
September 2020
ISBN:
9781501747212
eISBN:
9781501747236
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501747212.003.0004
Subject:
Anthropology, African Cultural Anthropology

This chapter discusses the gendarmes' sense of hearing. Usually, the gendarmes' work began with what they heard people say, how these people told them what they had to say, how the gendarmes listened ... More


Law and Legislation on Land, Debt, and Marriage

Linxia Liang

in Delivering Justice in Qing China: Civil Trials in the Magistrate's Court

Published in print:
2007
Published Online:
January 2012
ISBN:
9780197263990
eISBN:
9780191734373
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263990.003.0005
Subject:
History, World Modern History

This chapter discusses the sources that are used for solving civil cases. It looks at the active role of legislation in meeting and shaping changing situations. It attempts to answer what were the ... More


Decompositional Rights

Sora Y. Han

in Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter revisits and restages U.S. Supreme Court cases on affirmative action and the critique of “reverse discrimination” claims within a broader set of jurisprudential and philosophical ... More


Restrictive Interpretations and the End of Reconstruction

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0005
Subject:
Law, Legal History, Human Rights and Immigration

The 1866 Act received restrictive interpretations even during Reconstruction, as did the Reconstruction amendments and other civil rights legislation. The Slaughter-House Cases, narrowly interpreting ... More


Epilogue: Cicero and the Modern Advocate

John Laws

in Cicero the Advocate

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198152804
eISBN:
9780191715143
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198152804.003.0016
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

This chapter looks at connections, similarities, and differences between the courts of Cicero's ancient Rome and the practice of the advocate's profession in modern England. In the field of civil ... More


Remedies Reclassified

Rafal Zakrzewski

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. The book first examines the difficulties of the term ... More


A Revolution in the Courts

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0003
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 1 traces the long, hard-fought battle over black southerners’ legal rights that took place during and in the wake of the Civil War. Individual African Americans who fought for their rights in ... More


How to Litigate a Case Against a White Southerner

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0004
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 2 traces the legal journey of African Americans who succeeded in litigating cases against white southerners in the 35 years after the Civil War. In many cases, they litigated suits against ... More


Mediation in Italy: Alternative Dispute Resolution for All

Giuseppe De Palo and Lauren Keller

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0012
Subject:
Law, Comparative Law, Private International Law

The number of mediations in Italy is rising exponentially following the enactment of the new Mediation Law (Legislative Decree 28/2010). In implementing the 2008 European Directive on cross-border ... More


Fighting for Rights in the Courts

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0010
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 8 traces African Americans’ continuing civil litigation in southern courts from 1921 to 1950. Beginning in the 1920s, African Americans began to litigate a wider range of types of civil cases ... More


The New South and the Law

Melissa Milewski

in Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Published in print:
2018
Published Online:
November 2017
ISBN:
9780190249182
eISBN:
9780190249212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190249182.003.0007
Subject:
History, American History: 19th Century, American History: 20th Century

Chapter 5 shows the shifts that occurred in the types of civil cases African Americans were able to litigate in southern courts at the end of the nineteenth century, as segregation and ... More


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