This text presents a realistic view of the role of statistics in the courtroom. While obviously intended to introduce statistics to attornies, it provides statisticians such as myself with a clearcut view of what works and what doesn't work in a courtroom setting. Recommended both for attornies who want to brush up or relearn their statistics to get the most out of a statistician, and statisticians who want to develop productive working relationships with attornies.

Кл.слова:
судовий процес -- судова система

Barfield and Calfee clearly explain arcane issues of patent law and the tremendous effect that they can have on our economy, our technological progress, and our health. As Congress considers sweeping changes to the patent law, this book is a timely evaluation of the strengths and weaknesses of the current system and the risk of overly aggressive reform. Biotechnology and the Patent System analyzes the role of intellectual property protection in biomedical research, one of America’s leading growth industries. Barfield and Calfee explore ways in which patent law fosters future research and venture capital investment; they also evaluate whether the current system could potentially impede genomic research and the development of new treatment and diagnostic tools.

Кл.слова:
законодавство -- біотехнологія

In recent years there has been a growth in the availability and popularity of both undergraduate modules and taught postgraduate courses in the broad field of forensic psychology. Indeed the term ‘forensic’ has been increasingly juxtaposed with a range of areas of academic study e.g. analysis, anthropology, archaeology, computing, engineering, investigation, measurement, psychobiology, psychology and science (UCAS, 2008). This is also evident in much professional practice, both within the field of health (e.g. psychiatric nurses, psychiatrists, occupational therapists and social workers) and beyond (e.g. accountants and computing specialists).

Кл.слова:
судова система

Forensic ergonomics and human factors is the application of ergonomics theory, principles, and data to determine causes of system failures, often involving personal injury, considered in the context of litigation. The International Ergonomics Association defines ergonomics (or human factors) as the scientific discipline concerned with the understanding of interactions among humans and other elements of a system, and the profession that applies theory, principles, data, and methods to design in order to optimize human well-being and overall system performance.

Кл.слова:
судова система -- судочинство

Настоящая монография посвящена проблемам систематизации источников права в Поздней Римской и Византийской империи в V-VI вв. н. э., а также в IX начале X вв. В работе исследуется процесс становления и развития понятий закон, кодекс, правоустановите

Кл.слова:
право -- закон -- кодекс

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Кл.слова:
суд -- політика

The textual legacy of southern Mesopotamia during the seventh, sixth and fi fth centuries BCE stands out for its abundance. The vast majority of these texts pertain to legal and administrative, rather than literary, matters. Loans, contracts, sales, marriages, adoptions and other day-to-day affairs were recorded on clay tablets by scribes writing in cuneiform script. Thousands of these tablets are known to today’s scholars, while many more are believed to exist and await discovery or publication.1 Modern Assyriological scholarship refers to these texts as Neo-Babylonian legal and administrative texts. They offer pictures of many aspects of Mesopotamian socio-economic and legal institutions in the centuries immediately preceding the Common Era.

Кл.слова:
юриспруденція -- судова система

Since the mid-1970s, there has been a dramatic shift in America's socioeconomic system, one that has gone virtually unnoticed by the general public. Tax policies and their enforcement have become a disaster, and thanks to discreet lobbying by a segment of the top 1 percent, Washington is reluctant or unable to fix them. The corporate income tax, the estate tax, and the gift tax have been largely ignored by the media. But the cumulative results are remarkable: today someone who earns a yearly salary of $60,000 pays a larger percentage of his income in taxes than the four hundred richest Americans.

Кл.слова:
економіка -- податок

Existen dos tendencias de las política criminal con respecto a la criminalidad: la primera, la reintegración social del autor, y segunto, hacerle frente mediante la firmeza y la disuación, que es la que está en boga. Gran parte de la política criminal en si misma, al ser parte de la política en general, es usada para dar mas popularidad a los políticos, los cuales no tienen la menor idea de lo que realmente ocurre con el problema de la criminalidad. Así se vé como éstos políticos han desordenado el sistema Penal, al imponer sus puntos de vista con respecto a la aplicación siniestra de la pena privativa de libertad. Desde el punto de vista de Roxin, solo se debe aplicar la pena privativa de libartad a casos realmente graves como lo son los delitos capitales, y no se debería aplicar a dicha a delitos menores...

Кл.слова:
право -- закон

Prisons have undoubtedly changed over the years, as have penal practices in general, though more so in some countries than others. Prisons and prison systems have long been an overlooked part of criminal justice research, and as a result, limited material is available on many institutions. This comprehensive encyclopedia provides a historical overview of institutions and systems around the world, as well as penal theories, prisoner culture and life, and notable prisoners and personnel. Readers will find a plethora of information including material on such famous prisons as the Tower of London and Alcatraz, as well as on such topics as boot camps and parole. Other entries include Devil's Island, supermaximum prisons, Nelson Mandela, Pennsylvania system, and Amnesty International. Numerous appendixes list famous prisoners, prison museums, prison slang, and more.

Кл.слова:
в'язень -- в'язниця -- покарання

Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little

Кл.слова:
закон -- юриспруденція -- правова система

The civil jury must rank among the most controversial of America’s political and legal institutions. To paraphrase Kalvan and Zeisel’s ground-breaking work, the jury is a group of people, chosen at random, who are then entrusted with official decision-making powers, yet who make their decisions in secret and with little or no explanation. It is therefore not surprising that the jury has been the subject of both extravagant praise and harsh criticism (Kalven and Zeisel, 1966, pg. 66). Indeed, contemporary critics of the civil justice system decry a “litigation explosion” of “frivolous lawsuits” decided by incompetent, irrational and gullible jurors.1 Despite this heated rhetoric surrounding the jury, relatively little is known about how civil juries reach their verdicts.

Кл.слова:
судова система -- судовий процес

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.

Кл.слова:
судова система -- судовий процес

The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Кл.слова:
правова система -- юриспруденція