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The House of Lords and the English Court of Appeal

Gavin Drewry and Louis Blom-Cooper

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0004
Subject:
Law, Legal History

This chapter discusses the relationship between the Court of Appeal in England and Wales and the House of Lords. The Court of Appeal provides the House of Lords with four-fifths of its caseload. ... More


The Courts of Appeal

Patrick Polden

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0023
Subject:
Law, Legal History

This chapter begins with a discussion of the jurisdiction, membership, organization, practice, and jurisprudence of the Court of Appeal in the 19th century. This is followed by a discussion of the ... More


Remedying miscarriages of justice: the history of the Court of Criminal Appeal

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0003
Subject:
Law, Criminal Law and Criminology

If miscarriage of justice is a tragic choice situation, we might expect to find that the changes in institutional arrangements that occur in response to recognised miscarriages of justice do not ... More


Intermediate Courts of Appeals and Their Relations with Top-level Courts: the US Federal Judicial Experience

Russell R. Wheeler

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0011
Subject:
Law, Legal Profession and Ethics

This chapter examines the dynamics of the relationship between the US federal courts of appeal and the US Supreme Court. It discusses the jurisdictional framework, main operational arrangements, and ... More


Scientific evidence and investigation by the new Criminal Cases Review Commission: the scope for further miscarriages of justice and crisis

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines changes in the current processes and institutions of criminal justice that are expected to restore public confidence in the safety of convictions: the increased use of ... More


Into and out of crisis: a recent history of media reporting on miscarriages of justice 1

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines media reporting during the recent crisis of confidence in criminal justice associated with the high profile miscarriage cases that came to England's Court of Appeal in the late ... More


Judicial Activism of a Special Type: South Africa's Top Courts Since 1994

Hugh Corder

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0008
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in South Africa's Supreme Court of Appeal and Constitutional Court. It discusses the nature of the constitution/lawmaking which has occurred over the past 15 ... More


Commissions, Studies, Reports, and Proposals

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0010
Subject:
Law, Constitutional and Administrative Law

The previous chapters have exposed the deterioration of the U.S. Circuit Courts of Appeals over the last forty years. During that same forty-year period, the courts have been the subject of extensive ... More


Protection in Ascent, 1908–23

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0005
Subject:
History, American History: 20th Century

This chapter examines Muller's aftermath in legal history through the landmark case of Adkins v. Children's Hospital (1923). In Oregon, an employer (Children's Hospital) sought an injunction against ... More


From understanding miscarriage of justice to reform

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers the extent to which and the manner in which legal reforms can prevent miscarriages of justice, and remedy the perception of crisis, especially a perception of crisis ... More


The Role of the Court of Appeal in England and Wales as an Intermediate Court

Charles Blake and Gavin Drewry

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0010
Subject:
Law, Legal Profession and Ethics

Any discussion of the role of intermediate courts in the legal system of England and Wales must begin with an historical record of the provenance and original purposes of the principal court ... More


The Second Circuit Court Of Appeals In the 1920S and 1930S: Hand as First Among Equals

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on Learned Hand's years as Second Circuit Court of Appeals judge and his relationships with fellow judges. The distinctive role Hand played on the Second Circuit during his first ... More


Judicial Opinions

William Domnarski

in Federal Judges Revealed

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter presents the oral histories of judges regarding judicial opinions. The courts of appeal are charged with the task of reviewing the decisions of the lower district courts and use the ... More


Lord Bingham’s Contributions to Commercial Law

Bernard Rix

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0042
Subject:
Law, Legal History

This chapter addresses Lord Bingham's judicial contribution to commercial law. It discusses a number of selected cases from the three main stages of Lord Bingham's judicial career: the Commercial ... More


Depoliticizing Administrative Law

Cass R. Sunstein and Thomas J. Miles

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0028
Subject:
Psychology, Social Psychology

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in both the federal courts of appeals and the Supreme Court. These results hold for both ... More


Torts

Robert Stevens

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0040
Subject:
Law, Legal History

The modern law of torts is dominated by decisions of the House of Lords. In other areas of private law this is not so. Within contract law, for example, the leading cases are frequently those of the ... More


Economic Issues: Government Litigation

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0005
Subject:
Political Science, American Politics

This chapter explores the federal courts that address disputes between government and private parties. It is organized in terms of three major roles of government on economic matters: Obtaining ... More


The Politics of Judicial Autonomy

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.003.0004
Subject:
History, Political History

In January 1999, the Court of Final Appeal (CFA) made a controversial decision on the debate of the right to abode of the mainland Chinese in the HKSAR. As a result, the HKSAR government asked the ... More


Circuit Judge

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0003
Subject:
Law, Legal History

Harry Blackmun avoided getting involved in certain political activities associated with what was prominent among federal judges as he worked as a lawyer in Minneapolis and was part of the Mayo ... More


The Judiciary

Benny Y.T. Tai

in Contemporary Hong Kong Government and Politics

Published in print:
2012
Published Online:
January 2013
ISBN:
9789888139477
eISBN:
9789882208681
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139477.003.0004
Subject:
Society and Culture, Asian Studies

This chapter discusses the fundamental principles of the HKSAR's legal system, which include a common law system, rule of law, judicial independence, and the protection of human rights. It then ... More


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