Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and how it would be a solution for the American legal system as well.
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
This volume documents this unique family of cell surface proteins. Despite masquerading as intractable and difficult to clone and characterize, ENOX proteins have and continue to offer remarkable opportunities for research, commercial development and outside confirmation of therapeutic, diagnostic and new paradigms to help explain complex biological processes.
The thoroughly updated Fifth Edition of Pediatric Neuroimaging is a highly illustrated text-reference that describes and illustrates the full range of pediatric disorders diagnosable by modern neuroimaging. Covering the diagnosis of brain, spinal, and head and neck disorders in the pediatric patient, the text is rooted in the principle that the proper interpretation of studies requires the acquisition of high-quality images and an understanding of the basic concepts of neuroembryology, normal development, and pathophysiology. Much coverage is given to the disorders seen in everyday practice. The emphasis is on CT and MRI, which are the optimal imaging modalities in children. The first two chapters describe useful imaging techniques in this patient population and the imaging manifestations of normal development, to distinguish that from manifestations of disease. The final ten chapters of the book are divided by groups of diseases, with numerous drawings and images that illuminate the underlying pathologic and embryologic/genetic bases of each disorder. The goal is provide a basic approach to groups of diseases, then offer detailed information about the clinical manifestations, underlying biochemistry, molecular biology, genetics and/or pathology of specific disorders. The book incorporates the essential concepts for obtaining good images and understanding normal development, which helps the reader to distinguish normal developmental changes from disease
For nearly 70 years, Simpson's Forensic Medicine has been a world-renowned introductory textbook for students in the field of forensic medicine. This first regionalised edition, fully adapted for an Irish audience by Dr Cliona McGovern, presents all that the generalist or student needs to know about the interface between medicine and the law, inclu
For nearly 70 years, Simpson’s Forensic Medicine has been a world-renowned introductory textbook for students in the field of forensic medicine. This first regionalised edition, fully adapted for an Irish audience by Dr Cliona McGovern, presents all that the generalist or student needs to know about the interface between medicine and the law, including forensic toxicology, forensic science, forensic odontology, forensic anthropology and both the legal obligations and ethical responsibilities of those involved in the forensic setting. ■ Presents clear, concise text, illustrated with colour photographs of the highest quality to help you find key information at a glance ■ Concentrates on key principles relevant to your legal system ■ Includes the input of new authors who bring you a fresh, modern perspective ■ Provides expanded coverage of forensic toxicology and forensic science along with many important subspecialties of forensic medicine Simpson’s has a long and respected history. Read by many of today's leading forensic practitioners at the start of the careers, it remains the most indispensable guide to the practice of forensic medicine worldwide.
Dr. Lester Adelson's original The Pathology of Homicide has been described as a "superb textbook" and "without doubt…the best written book of its type in the English language" by Dr. Charles Hirsch. This new, revised edition preserves Dr. Adelson's eloquent and articulate voice, while bringing the subject matter up to date. Since the first edition was published in 1974, Dr. Adelson’s book was a treasured text among many forensic pathologists. The “aging” of the book, however, made it less appealing to the new generation of forensic pathologists, and Dr. Adelson’s important contribution to forensic pathology was at risk of being lost. Although much has changed in forensic pathology in the ensuing nearly fifty years since it was first written, much also has stayed the same. In this new edition, the author, Dr. James Gill—Chief Medical Examiner of the State of Connecticut and past president of the National Association of Medical Examiners—preserves the voice, vision, and wisdom of Dr. Adelson while updating the forensic pathology material. The author has included nearly 700 all new color images. In addition, the references have been updated with over 4,400 citations. Six new chapters and sections have been added, including death certification, elder abuse, pediatric head injury, drugs of misuse, histopathology, and bereavement. Other updates are included on DNA technology, CT scans, and novel drugs. Although primarily concerned with homicides, there is the need to be able to recognize natural, accidental, and suicidal deaths; therefore, these topics are interspersed in the text to give the appropriate context. This book will help the reader understand the details of injuries and how a person was injured, why they died, and how these injuries, perhaps at first blush seemingly insignificant, can shed new light on a death investigation. It is the author’s hope to get this book to the next generation of forensic pathologists.
This book provides fundamental strategies every lawyer should know before going into e-commerce based international negotiations, including: -How to build trust in negotiations while using internet communications technologies -Negotiating with governments -Cultural background and overviews of legal systems for specific countries -Substantive laws/regulations which impact negotiations -Special comments on use of internet technology in negotiations -Negotiating across cultures in the digital age -Current issues in negotiating business agreements online -Online alternative dispute resolution
Principles of Forensic Pathology: From Investigation to Certification offers a conceptual framework and foundational approach to a forensic practice grounded by evidence-based and mechanistic thinking. This book uses a systematic approach to address, explain, and guide the reader through diverse topics relevant to forensic pathologists and medicolegal death investigators. Nineteen chapters provide a comprehensive overview of the field of forensic pathology and discusses central topics such as scene investigation, the pathophysiology of death, death certification, the forensic autopsy, forensic imaging, pediatric forensic pathology, the importance of context, and approaches to frequently encountered medicolegal death circumstances, with mental checklists and suggestions for a consistent and considered approach. Written by forensic professionals, this book is a practical, yet comprehensive compendium for practicing forensic pathologists, coroners, medicolegal death investigators, forensic pathology fellows, pathology residents, medical students interested in forensic pathology, lawyers, and law enforcement professionals. - Presents a primary text that is ideal for daily forensic practice - Discusses how to properly investigate and certify death in a consistent and defensible way - Emphasizes best practices in the field, providing an approach that is in line with today's forensic pathologist
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and how it would be a solution for the American legal system as well.
A remarkable reversal in popular satisfaction with antitrust law has occurred: Germany--once the classic land of cartels--now enforces an antitrust law vigorously and subject to little meaningful opposition, while the United States--itself the home of antitrust law--enforces its antitrust law erratically and against significant criticism. Whatever may be the precise measure of support in each country for antitrust laws, even the most cursory observation discloses a criticism of antitrust law in the United States not matched in kind or degree in the Federal Republic of Germany. This work investigates aspects of some of the many possible explanations--legal, social, and economic--for this remarkable turnaround. It considers perhaps the most obvious question: How do the two antitrust laws differ? In partial answer, it suggests that certain principal criticisms of American antitrust law reflect dissatisfaction as much with the legal methods by which that law is applied as with the law itself. German cartel law, Maxeiner suggests, utilizes different legal methods which avoid or mitigate many of the problems encountered in American antitrust law.
In 1914 the Carnegie Foundation authored its first report on legal education, the "Redlich Report", which emphasized the scientific basis of practice. For whatever reason, the Redlich report did not change the face of legal education. Today, legal education is much the same as it was in 1914. In 2007 the Carnegie Foundation issued a new report, "Educating Lawyers: preparation for the practice of law", intended to foster appreciation for what legal education does at its best. This essay, "Educating lawyers now and then" critically compares the two reports.
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