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Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
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The focus of this book is on practical application of theory. The book is founded in current mediation theory relating to the range of models used in Australia, and includes detailed contextual information including the legislative frameworks for mediation in different jurisdictions. 'Mediation for Lawyers' provides practical advice and tools (checklists) for legal practitioners who represent clients in mediation.
Following significant increases in women’s electoral representation in the 1980s and 90s, progress has stalled. Today, there are only a few more women in Canada’s parliament and legislatures than a decade ago. What has happened to the representational gains for women and why does gender parity remain so elusive? To answer these questions, Stalled provides a detailed roadmap of women’s political representation as candidates, office-holders, cabinet ministers, party leaders, and as representatives of the Crown at all levels of government across Canada. Comprehensive and accessible, this volume makes clear that women are far from achieving equality in sites of formal political power.
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its pe...
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Within leisure studies there is a growing awareness and intensifying conscience about the potential environmental threat posed by the continued and unmanaged economic growth and development of sport, tourism and leisure. This collection brings together explicit discussions from a range of fields including environmental geography, consumer research, sociology and politics of the increasing relevance and complexities of environmental politics in leisure studies. It provides a snapshot into the wide-ranging debates on the politics of the environment and leisure/sport/tourism and serves as a starting point for further dialogue between leisure studies scholars and those in other disciplines where many of environmental debates have been advanced. The volume will be of great value to scholars and practitioners in the areas of leisure studies, conservation and local politics. This book was published as a special issue of Leisure Studies.
In this volume, Louis-Philippe Rochon and Hassan Bougrine bring together key post-Keynesian voices in an effort to push the boundaries of our understanding of banks, central banking, monetary policy and endogenous money. Issues such as interest rates, income distribution, stagnation and crises – both theoretical and empirical – are woven together and analysed by the many contributors to shed new light on them. The result is an alternative analysis of contemporary monetary economies, and the policies that are so needed to address the problems of today.
Effective Learning and Teaching in Law will provide all law teaching professionals with practical, authoritative guidance and advice on the successful teaching of their subject in both university settings and as part of professional training and practice. Written to promote the development of and recognition of the professional role of the law teacher, this book will help educators equip law students of law with the intellectual and practical skills required to succeed in their studies. Key coverage includes assessment, the design and planning of learning activities, the use of IT in legal education and developing suitable learning environments. The book is edited by a leading team of legal educators for the UK Centre for Legal Education (UKCLE) at the University of Warwick, and includes expert contributions from leading figures in the field. It will be essential reading for anyone involved with legal education today and will be particularly relevant for those developing their teaching career, or seeking professional accreditation.