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The Court of Last Resort
Edgar Award Winner: True stories of miscarriages of justice, legal battles, and landmark reversals, by the creator of Perry Mason. In 1945, Erle Stanley Gardner, noted attorney and author of the popular Perry Mason mysteries, was contacted by an overwhelmed California public defender who believed his doomed client was innocent. William Marvin Lindley had been convicted of the rape and murder of a young girl along the banks of the Yuba River, and was awaiting execution at San Quentin. After reviewing the case, Gardner agreed to help—it seemed the fate of the “Red-Headed Killer” hinged on the testimony of a colorblind witness. Gardner’s intervention sparked the Court of Last Resort. Th...
Central Reporter
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Politics of Last Resort
The book examines how a certain way of governing, invoking exceptional measures for exceptional times, has become central to the workings of the European Union.
Comparative Reasoning in International Courts and Tribunals
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Reputation and Judicial Tactics
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
The View from the Bench and Chambers
This book examines judicial process and decision making on the United States Courts of Appeals.
Rethinking Drug Courts: International Experiences of a US Policy Export
What are drug courts? Do they work? Why are they so popular? Should countries be expanding them or rolling them back? These are some of the questions this volume attempts to answer. Simultaneously popular and problematic, loved and loathed, drug courts have proven an enduring topic for discussion in international drug policy debates. Starting in Miami in the 1980s and being exported enthusiastically across the world, we now have a range of international case studies to re-examine their effectiveness. Whereas traditional debates tended towards binaries like “do they work?”, this volume attempts to unpick their export and implementation, contextualising their efficacy. Instead of a simple ...
