Category Archives: Procedures & Litigation

Ourselves and Our Posterity: Essays in Constitutional Originalism

In this volume, Bradley C. S. Watson brings together some of America’s leading constitutional scholars to reflect on the meaning and significance of _originalism_ in constitutional interpretation and politics. The book brings the subject of constitutional interpretation down from the … Continue reading

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The Judicial Assessment of Expert Evidence

Justice systems increasingly rely on expert evidence. We are therefore obliged to justify the courts’ ability to assess this evidence, especially when the courts must resolve disagreements between experts or address possible bias. By reintegrating contemporary evidence theory with applied … Continue reading

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The Psychiatrist As Expert Witness, Second Edition

The Psychiatrist as Expert Witness, Second Edition, by Thomas G. Gutheil, M.D., is a highly readable and practical update of his successful first edition. The focus of the new volume is to guide readers to become, improve, and successfully market … Continue reading

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Staying with Conflict: A Strategic Approach to Ongoing Disputes

Winner of the 2009 CPR Award for Outstanding Book In this groundbreaking book, Bernard Mayer, a pioneer in the field of conflict resolution, offers a new paradigm for dealing with long-term disputes. Mayer explains that when dealing with enduring conflict, … Continue reading

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A Litigator’s Guide to DNA: From the Laboratory to the Courtroom

A Litigator’s Guide to DNA educates litigators, judges, criminalists, students, and others about all aspects of the use of DNA evidence in criminal and civil trials. It includes discussions of the molecular biological basis for the tests, essential laboratory practices, … Continue reading

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The Nature and Authority of Precedent

Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions … Continue reading

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Law and Judicial Duty

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances … Continue reading

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Rule By Law: The Politics of Courts in Authoritarian Regimes

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on … Continue reading

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Law and Justice in the Courts of Classical Athens

In The Law Courts of Classical Athens, Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes the Athenians’ preference in most cases for ad hoc, discretionary decision-making, as … Continue reading

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The Legacies of Law: Long-Run Consequences of Legal Development in South Africa, 1652-2000

This highly original book examines the function of legal norms and institutions in the transition to – and from – apartheid. It sheds light on the neglected relationship between path dependence and the law. The Legacies of Law demonstrates that … Continue reading

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