Category Archives: Civil Procedure

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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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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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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Judging Russia: The Role of the Constitutional Court in Russian Politics 1990-2006

This book is the first in-depth study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin’s and Putin’s Russia. Trochev argues that judicial empowerment is … Continue reading

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Civil Justice in the Age of Human Rights

The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This … Continue reading

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A Common Law Theory of Judicial Review: The Living Tree (Cambridge Studies in Philosophy and Law)

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement … Continue reading

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Adversarial Justice: America’s Court System on Trial

Oh, those lawyers! The legal profession in fact, the legal system certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America’s judicial system should not be a … Continue reading

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Arbitration Awards: A Practical Approach

‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ – The … Continue reading

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