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Book part
Publication date: 17 March 2010

Angela G. Narasimhan

This chapter examines changes in the kinds of American legal issues that have attracted international attention since the end of the Cold War and looks at the extent to which they…

Abstract

This chapter examines changes in the kinds of American legal issues that have attracted international attention since the end of the Cold War and looks at the extent to which they have resulted in higher levels or new forms of foreign participation and interest in Supreme Court cases. Suggesting that these changes may have an impact, at least indirectly, on the Court in ways not adequately explored in the existing literature, it considers their possible effects on its decisions and the way that the justices consider their role within increasingly globalized legal networks.

Details

Special Issue Interdisciplinary Legal Studies: The Next Generation
Type: Book
ISBN: 978-1-84950-751-6

Book part
Publication date: 24 October 2017

Thomas E. McClure

Opinion polls show that contributions to judicial candidates create an appearance of corruption. This perception damages the institutional legitimacy of the courts. This chapter…

Abstract

Opinion polls show that contributions to judicial candidates create an appearance of corruption. This perception damages the institutional legitimacy of the courts. This chapter explores the relationship between integrity ratings of Illinois trial judges and campaign contributions. Specifically, it examines the Illinois State Bar Association judicial poll integrity scores of 253 elected judges seated in 101 Illinois counties during 1994–2012. Regression analysis reveals that judicial candidates’ integrity scores declined as (a) the amount of attorney contributions increased; (b) the number of reported attorney contributors enlarged; and (c) the number of large attorney contributors grew. This chapter also discusses the efficacy and limitations of four policies meant to diminish the appearance of corruption: recusal and disqualification rules; anonymous contributions; public financing; and the elimination of the election of judges. Although a radical solution, the policy of abolishing judicial elections is more likely to overcome the appearance of corruption than the other reforms.

Details

Corruption, Accountability and Discretion
Type: Book
ISBN: 978-1-78743-556-8

Keywords

Book part
Publication date: 20 August 2012

Renee Ann Cramer

Undergraduate legal studies classrooms are ideal places in which to engage discourses on judging, and to invite students to analyze and understand contemporary cultural and…

Abstract

Undergraduate legal studies classrooms are ideal places in which to engage discourses on judging, and to invite students to analyze and understand contemporary cultural and political representations of the proper roles of judges and judging in democracies. This chapter examines undergraduate understandings of judicial independence and judicial activism, via class discussions surrounding the judicial retention election in Iowa in 2010. The election was occasioned by the groundbreaking state supreme court case Varnum et al. v. Brien (2009), legalizing same-sex marriage in the state. Drawing on participant–observation research as a professor in these courses, and examining student dialogue, class discussion, and web-board postings on the topic, I find that legal studies students are able to articulate a complex range of views regarding the judiciary, judicial activism, and same-sex marriage. Their ability to engage in (mostly) civil discourse on the topic of judging is of particular societal importance, given the limitations of contemporary public discourses about judging. These findings point, as well, to the potential role for engaged academics in expanding and contextualizing public conversations about judicial independence, judicial activism, and rights. The chapter also highlights, however, limits in that educational experience, in particular students' lionization of legal processes, simultaneous to their cynicism about, and lack of engagement in, electoral/political processes. This points to the development of interdisciplinary legal studies curricula as a means toward effective education for democracy.

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Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Book part
Publication date: 25 August 2009

John S. Goldkamp and E. Rely Vîlcicã

Following in the footsteps of critics of the 1920s and 1930s, Caleb Foote's 1954 study of the bail system in Philadelphia set the agenda for bail reform in the United States…

Abstract

Following in the footsteps of critics of the 1920s and 1930s, Caleb Foote's 1954 study of the bail system in Philadelphia set the agenda for bail reform in the United States focusing on judicial discretion and the inequities of a predominantly financially based pretrial detention system. This article argues that the bail reform movement originating in the 1960s fell short of its objectives in its failure to engage judges in the business of reform. From Foote's study on, Philadelphia has played a role historically in studies of bail, detention, and reform. The article considers the experience of Philadelphia's judicial pretrial release guidelines innovation from the 1980s to the present and its implications as an important contemporary bail reform strategy in addressing the problems of bail, release, and detention practices. The implications of the judge-centered pretrial release guidelines strategy for addressing pretrial release problems in urban state court systems are discussed in light of the original aims and issues of early bail reform.

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Special Issue New Perspectives on Crime and Criminal Justice
Type: Book
ISBN: 978-1-84855-653-9

Book part
Publication date: 10 October 2014

Zelia Gallo

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and ask…

Abstract

Purpose

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and ask whether judges and prosecutors have been forces for punitiveness or moderation. I discuss the relevance of the Italian case for broader analyses of Western penality.

Design/methodology/approach

My chapter offers a political-sociological account of judicial contributions to punishment. I analyse the penal incentives created by different national institutional set-ups, specifically addressing judicial contributions to penality using a framework developed by Joachim Savelsberg and Nicola Lacey. The framework examines judicial structure in the institutional context looking at the penal implications of bureaucratisation of the judiciary and the capacity for co-ordination between judges and politicians. I include judicial legitimacy as an additional dimension in this framework.

Findings

I conclude that the Italian judiciary have been forces for punitiveness and moderation. Their contributions can be systematised by looking at the waxing and waning of judicial legitimacy, and the consequent expansion and contraction of judicial powers. I claim that judicial legitimacy is also relevant to other (‘non-Italian’) analyses of judicial contributions to contemporary Western penality.

Originality/value

By adding legitimacy to investigations of judicial contributions to penality I provide an organising principle with which to analyse the penal role of Italian judicial actors. I thus allow Italy to be kept in conversation with existing comparative models, without assuming that it either conforms to the models entirely, or that the models should otherwise be eschewed. I use the Italian case to demonstrate the relevance of legitimacy when analysing judicial contributions to Western penality, arguing that changing legitimacy affects the terms and effect of interaction between judicial and political classes.

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Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Book part
Publication date: 10 February 2020

Engin Dinç and Esra Atabay

The profession of judicial advisory is a profession with a larger scope, which creates solutions for legal problems by harmoniously blending principles, theories, and standards…

Abstract

The profession of judicial advisory is a profession with a larger scope, which creates solutions for legal problems by harmoniously blending principles, theories, and standards that relate to many areas of expertise such as accounting, auditing, and law. The legists need expert information on the matters of accounting, finance, and taxation regarding the files that they handle. In such cases, experts who perform the profession of judicial advisory provide their consultancy services to the legists before and during the cases.

The purpose of this study is to create awareness regarding the profession of judicial advisory and put forward the prospects of this profession in Turkey. The study includes four provinces located in the Eastern Black Sea Region (Trabzon, Rize, Ordu, and Giresun). There are a total of 1,339 lawyers who are registered to the bar associations of the indicated provinces; out of them, 600 lawyers have been communicated, but a questionnaire was conducted on 354 lawyers by employing face-to-face interviews. The data obtained from the questionnaires have been subjected to difference in means (unpaired t-test) and descriptive statistical analyses by using the statistical packet software of SPSS 10.0.

In the consequence of the conducted analyses, it has been determined that the lawyers thought that the members of the profession of accounting working as experts were inadequate. In the event of establishing judicial advisory institution besides the institution of expertise, it is believed that a more beneficial system would be created. It is seen that this thought has not changed among the lawyers in terms of different characteristics except level of education. Additionally, it has been determined that the level of awareness of the lawyers regarding the profession of judicial advisory was insufficient.

Details

Contemporary Issues in Audit Management and Forensic Accounting
Type: Book
ISBN: 978-1-83867-636-0

Keywords

Book part
Publication date: 10 May 2017

Tanya Josev

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historian Arthur Schlesinger, Jr. The legal academy has…

Abstract

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historian Arthur Schlesinger, Jr. The legal academy has bemoaned the term as perpetually ill-defined, but can this be attributed to its equivocal beginnings on the pages of Fortune magazine? This chapter investigates the circumstances in which the term was produced and the early meanings given to it in scholarly work. It is argued that there was very little effort on the part of legal academics and political scientists to gather a consensus as to definition, or otherwise to treat the terminology with caution, before the term was wrested from the university cloisters and captured by the popular media in the mid-1960s.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

Keywords

Book part
Publication date: 20 August 2012

Emily Zackin

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high…

Abstract

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.

Details

Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Article
Publication date: 25 May 2023

Lingling Huang, Chengqiang Zhao, Shijie Chen and Liujing Zeng

Technical advantages embraced by blockchain, such as distributed ledger, P2P networks, consensus mechanisms and smart contracts, are highly compatible with addressing the security…

Abstract

Purpose

Technical advantages embraced by blockchain, such as distributed ledger, P2P networks, consensus mechanisms and smart contracts, are highly compatible with addressing the security issues of transferring and storing judicial documents and obtaining the feedback and evaluation of judicial translation services in cases with foreign elements. Therefore, based on this, a consortium blockchain-based model for supervising the overall process of judicial translation services in cases with foreign elements is proposed.

Design/methodology/approach

Some judicial documents are required to be translated when there are language barriers in cases with foreign elements. The purpose of this paper is expected to address security issues, which is ignored, in the process of translating judicial documents.

Findings

The experimental results show that the model constructed in this paper can effectively guarantee the security and privacy of transferring and storing translated judicial documents in cases with foreign elements, and realize the credibility and traceability of feedbacks and evaluations of judicial translation services. In addition, the underlying network communications is stable and the speed for processing data can meet the requirements of practical application.

Originality/value

The research in this paper provides an innovative scheme for judicial translation services in cases with foreign elements. The model constructed is conducive to protecting the security of the transfer and storage of judicial documents and improving the efficiency and modernization ability of hearing cases with foreign elements.

Details

Aslib Journal of Information Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-3806

Keywords

Article
Publication date: 29 November 2022

Xuying Wang and Jiabao Lin

The purpose of this paper is to take second-hand vehicles at judicial auctions in China as the primary research direction and to explore the impact of purchasing restriction…

Abstract

Purpose

The purpose of this paper is to take second-hand vehicles at judicial auctions in China as the primary research direction and to explore the impact of purchasing restriction policy and city size on the relationship between the appraisal price and transaction price of second-hand motor vehicles in the context of auto purchase restriction in China from a microscopic angle. It attempts to broaden the pricing ideas of judicial appraisal enterprises in providing appraisal prices of second-hand motor vehicles and to put forward suggestions for the optimization of appraisal prices and appraisal standards of judicial appraisal enterprises.

Design/methodology/approach

With the help of Python, this paper crawls 59,038 lines of valid data from three leading internet judicial auction platforms, namely “Ali Auction,” “China Beijing Equity Exchange” and “Gong Pai Wang,” as research samples. Besides, this paper forms a database containing judicial auction used car appraisal prices, transaction prices, motor vehicle purchase restrictions and whether the motor vehicle carries a license plate. By constructing a multiple regression model, the impact of automobile purchase restriction policy on the price of motor vehicles appraised by judicial appraisal enterprises is investigated.

Findings

With the help of the multivariate regression model, it found that under the same condition, the city where the auction took place implemented the automobile purchase restriction before the end of the auction. The court has specified that the buyer could directly obtain the license plate after the auction. The transaction price and the evaluation price ratio will be statistically larger, which proves that the license plate has an evident value in the transaction and is traded as subject matter by the residents, and consequently brings a higher premium to the price of automobile transaction in internet judicial auction. Meanwhile, the purchase restriction policy in the first-tier cities has resulted in a significant premium on automobile license plates, which is much higher than the automobile license plate premium level in non-first-tier cities under the same conditions.

Social implications

Car ownership continues to rise with rapid economic development worldwide. Control the growth of car ownership, some countries and regions mainly restrict the issuance of motor vehicle license plates, which indirectly leads to vehicle license plate indicators becoming a scarce resource. National laws permit judicial auction as a means for the people's courts to settle creditors' claims in enforcement procedures of civil cases. In the judicial auction process, the People's Court introduces third-party evaluation enterprises to appraise, assess and audit the subject and obtain the appraisal price, which guides the bidding behavior of used car buyers and indirectly affects the transaction price of used cars.

Originality/value

As the only subject capable of assessing the value of used cars at judicial auctions, judicial appraisal enterprises have received widespread attention for their appraisal results. This paper researches this field by screening the factors affecting the ratio of motor vehicle transaction price to the appraised price. It also analyzes how the ratio of motor vehicle transaction price to appraised price is affected by motor vehicle purchase restrictions and the situation with license plates. This paper examines the existence of premiums for motor vehicle transactions with license plates, evaluates the purchase restrictions in cities with motor vehicle purchase restrictions and verifies that the premiums for motor vehicles at judicial auctions are affected by purchase restriction policies as well as the influence of city class. These studies have important implications for judicial appraisal enterprises to establish reasonable appraisal mechanisms and optimize appraisal prices. They also provide new ideas and methods for appraisal enterprises to assess the value of used vehicles at judicial auctions.

Details

Nankai Business Review International, vol. 14 no. 2
Type: Research Article
ISSN: 2040-8749

Keywords

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