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George R: Wards of Court and the
Inherent Jurisdiction

Wards of Court and the Inherent Jurisdiction

This book assesses the role of court experts, court clerks and court staff, and other actors on the 'judicial periphery' who play an important role and often co-determine the pace, outcome, and tone of the judicial process. In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked. This book explores their role. The knowledge and skills of experts may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, a principal focus of the book is on experts and how they are appointed, managed, and remunerated across Europe and the world. Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a significant impact on the effectiveness and quality of the judicial process and its outcome. The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

Court Experts, Court Clerks, and Other Actors in the Shadows

The Heroes of the Judicial Periphery

Why is legal prose so hard to read? One reason is obvious: Legal writers rarely think about their audience. When legal writers account for the preferences and expectations of their readers, legal writing can be sublime. Lucid. Easy to navigate and simple to understand. This species of legal writing leaps from the page to grab its readers by the collar, holding their interest and attention to the very last word. It is comfortably understood, employs concrete words and concrete grammar, shows - not tells - with concrete facts and concrete arguments. And this motivates the reader forward. Zen and the Art of Persuasive Writing tackles abstract questions in fresh and relatable ways, imbuing the dharma of mindfulness and cognitive science into the conversation on persuasive and legal writing. It dissects persuasive writing into 9 mantras: <ul><li>Be aware of the audience. Persuasive writers understand that readers and writers are separated by time and distance, so they channel the readers to prognosticate and answer questions. </li><li>Be less categorical. Persuasive writers know that few rules are absolute. </li><li>Be clear and concrete. Persuasive prose conveys hard facts and ideas in plain and simple words. </li><li>Be concise. A persuasive writer severs the meaningful from the meaningless. He is focused and assured. </li><li>Be cohesive and coherent. Persuasive prose is easy on the eyes and simple to navigate. </li><li>Be compelling. A persuasive writer holds the attention and interest of his readers for long enough to move their hearts and minds. </li><li>Be credible. A persuasive writer earns his reputation with colleagues and the courts, knowing a fine reputation is not purchased or invoked. </li><li>Be a reader and writer. A persuasive writer reads and reverse-engineers the language, style and approach of stuff he likes. </li><li>Be meticulous and rewrite. A persuasive writer toils to ensure the audience will understand the point. He knows that persuasive prose is the end product of many drafts and myriad decisions.</li></ul>

Zen and the Art of Persuasive Writing

Now fully revised and updated, The Indian Child Welfare Act Handbook, Fourth Edition is a one-of-a-kind guide to the Indian Child Welfare Act of 1978. The ICWA was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions. This guide examines case law from courts around the country -- it is an issue not confined to reservations and their border towns.There have been many legal changes since publication of the Third Edition, which have significantly strengthened the ICWA and have led to an increased focus on the ICWA as an essential tool to protect Indian children, families, and tribes. These include the U.S. Supreme Court upholding the constitutionality of the ICWA in the case of Haaland v. Brackeen and a new total of 18 states enacting comprehensive state ICWA legislation. Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations and 2016.The Indian Child Welfare Act Handbook continues to provide a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children.Table of Contents: <ol><li>The Indian Child Welfare Act and Its Foundations</li><li>Applicability of the ICWA</li><li>Jurisdictional Provisions of the ICWA</li><li>Procedural Requirements of the ICWA</li><li>Placement Provisions of the ICWA</li><li>Collateral Challenges to ICWA Determinations</li><li>Funding of ICWA Programs</li><li>ICWA: 40 Years Later</li></ol><ul><li>Appendix A: The Indian Child Welfare Act</li><li>Appendix B: Code of Federal Regulations, Title 25 (Indians), Part 23</li><li>Appendix C: Guidelines for Implementing the Indian Child Welfare Act, December 2016 Table of Contents</li><li>Appendix D: State Codes and Court Rules Addressing Indian Child Welfare</li><li>Appendix E: Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs</li><li>Appendix F: Forms</li><li>Bibliography</li><li>Table of Cases</li><li>Index</li></ul>

A Legal Guide to the Custody and Adoption of Native American Children, Fourth Edition

The Indian Child Welfare ACT Handbook

Cambridge Studies in Law and Society

Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.

The Affective Life of International Criminal Justice

The Sentimental Court

This book offers a critical reconsideration of the theatrical nature of jurisdiction, as it examines how legal proceedings are regularly framed by or turned into a public spectacle.In legal cases, all those involved must play their parts, according to the rules, on a stage that is open to public scrutiny. As this book demonstrates, however, the affordances offered by new media, in a society spellbound by spectacle and embroiled in the polarization that accompanies it, can easily disrupt the theatrical nature of the court case. The book is divided into two parts. In Part 1, cases - from the Netherlands, the United States, Italy, Brazil, India, Germany, and Russia - show how populists, insurgents, corporations, and states play the judiciary by probing its limits or the rules of the game, often by twisting the proper intent of legal regulation or by formally making a farce of jurisdiction. In Part 2, the chapters deal with weaknesses in the theatrical nature of the judiciary in a time of spectacle. Here, the central issue is how the judiciary is threatened by dramatic forms of excess: forms that exceed the frame and stage of jurisdiction's own theatricality. Bringing cultural analysis and play studies in conversation with legal analysis and legal philosophy, the book shows how the theatrical nature of the judiciary is more and more challenged by the force of the spectacular, and with it a strategic and tactically malevolent play of powerful actors that fragments collective feelings for justice, and instrumentalizes the law in the service of particular interests.Law, Spectacle, and the Play of Jurisdiction will appeal to scholars and students in legal theory, law and literature, and others with relevant interests in politics, media, theatre and cultural studies.

Law, Spectacle, and the Play of Jurisdiction

Empowering and Supporting Vulnerable Families through the Family Justice System

A NEW YORK TIMES BESTSELLER “Do you want to know why today’s Supreme Court rules like it does? Leah Litman has the answer, and it is one that people should know. It’s time to read this book!” —Los Angeles Review of Books “Leah Litman’s work leaves you fired up yet empowered to pay attention, ready to resist, and, frankly, hotter.” —Jonathan Van Ness Crooked Media podcast host Leah Litman shines a light on the unabashed lawlessness embraced by conservative Supreme Court justices and shows us how to fight back. Something is deeply rotten at the Supreme Court. How did we get here, and what can we do about it? With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it’s running on vibes. By “vibes,” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials whose views are no longer shared by a majority of the country. Employing pop culture references and the latest court decisions, Litman delivers a funny, zeitgeisty, pulls-no-punches cri de coeur undergirded by impeccable scholarship. She gives us the tools we need to understand the law, the dynamics of courts, and the stakes of this current moment and shows us how to fight back—even as she makes us chuckle on every page and emerge empowered to fight for a better future.

How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Lawless

Elements of International Law

After the devastation of two world wars, Europe sought to prevent future conflict through new institutions-one of the most significant being the European Court of Human Rights. In this updated edition, Angelika Nussberger provides a comprehensive introduction to the Court, examining its mission, structure, procedures, and evolving jurisprudence. The book explores how the Court has become a cornerstone of modern international and human rights law, while also facing mounting internal and external pressures. These include a surge in applications, political resistance to external criticism, and challenges in maintaining neutrality on contentious issues like migration and criminal justice. It also addresses tensions with national courts as well as attacks on the Court's authority by various actors. This second edition also examines the impact of Russia's cessation as a party to the European Convention on Human Rights in 2022, as well as increasing resistance to implement judgements from nations such as Türkiye. Furthermore, it discusses recent landmark rulings on climate change and the reversal of its approach towards the protection of minorities in the Baltic States. Through careful analysis of landmark cases-from Lawless v. Ireland to Klimaseniorinnen v. Switzerland- this book illustrates the Court's profound influence on European social and political discourse and ultimately asks whether the Court can continue to serve as "Europe's conscience" amid rising populism and shifting values.

The European Court of Human Rights

Principles and Strategies for Effective Advocacy in Trial Courts

Persuading Judges

Behind every courtroom trial is a judge tasked with making a life-altering decision--this is their "engaging and bracingly honest" (National Catholic Reporter) side of the story "Provides an invaluable public service, as the judicial branch is perpetually shrouded in mystery."--Justin Driver, The Washington Post Prosecutors and defense attorneys have it easy--all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, called "powerful collection of inside information about some of the most interesting and high-proﬁle cases of our times" by former prosecutor Paul Butler, a remarkable group of judges--from family court to tribal court to the federal bench--pull back the curtain on the most challenging cases of their careers, sharing what it means to bear the weight of justice in cases that shape lives and ignite national debate. These "hard-to-put-down" (starred Library Journal) narratives include landmark rulings such as the Elián González custody case, the emotionally charged Terri Schiavo right-to-die battle, and the prosecution of Scooter Libby. Others unfold far from the public eye but are no less consequential: a tribal court judge navigating cultural tensions, a newly appointed jurist grappling with identity and authority, and a chilling case involving a mother who killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for "unprecedented" (Greta van Susteren) reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

Judges Tell the Stories of Some of the Hardest Decisions They've Ever Made

Tough Cases

Hart Studies on Judging and the Courts

This is the first book to comprehensively address the phenomenon of extrajudicial communication. With contributions from leading legal scholars, it offers a detailed examination of what judges say outside of the courtroom, when, why, and to what end. The book explores extrajudicial communication through both varying perspectives on its use, and the forms that it takes, including judicial speeches, interviews, life writing and more. It does so with a principal focus on the UK judiciary, but also with reflections on its practice in other common law jurisdictions and at international courts and tribunals. The text unpicks the relationship between these communications, constitutional principles and the modern understanding of the judicial role. A fascinating and truly novel work on how judges communicate outside the courtroom and why it matters.

Perspectives and Practice

Extrajudicial Communication

Studies in Private International Law

How do private international law and children's rights law interact-and conflict-in international child abduction cases? This book examines the relationship between two legal fields when courts decide on cross-border child abduction. While private international law prioritises the child's prompt return and applies the best interests principle in abstracto, children's rights law demands an in concreto, individualised assessment of the child's best interests. These differing approaches can lead to legal friction in practice. Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved. Using the theoretical lens of international law's diversification and expansion, it identifies nine conflict-management tools, grouped into four categories: coordination, hierarchy, priority, and harmony. It argues that two of these tools offer promising solutions. The book evaluates 839 cases from the CJEU, ECtHR, the UN Committee on the Rights of the Child, and national courts in Belgium, England &amp; Wales, Ireland, the Netherlands, and Switzerland. This empirical study assesses how effectively the proposed tools address conflicts between the two legal fields. Offering clear recommendations for lawmakers, international organisations, and courts, the book provides a roadmap for fostering constructive relationships between legal fields. It is an essential resource for scholars of private international law, judges and practitioners in cross-border family law, and policymakers working at the intersection of international law and children's rights.

Conflicts in International Child Abduction Cases

Private International Law and Children's Rights Law

Wards of Court and the Inherent Jurisdiction

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