Suchergebnisse

COVER; quartino; INDICE; Premessa; HANS KELSEN'S GOD AND THE STATE: THE THEORY OF POSITIVE LAW AS METHODOLOGICAL ANARCHISM; "UGUAGLIANZA": QUANTIFICATORE UNIVERSALE?; DWORKIN, COLEMAN E L'IDEA DI "CONVENZIONE"; 'TO RESTORE A COMPLEX UNITY ... RICOEUR WITH AND BEYOND DWORKIN'; LEGAL SHAPES AND EFFECTIVENESS; BIBLIOGRAFIA

Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.

The author examines how quasi-judicial zoning requirements affect exclusionary zoning (i.e., land-use controls that exclude the poor and/or minorities from particular jurisdictions). Using a large sample of communities from nine major metropolitan areas, the analysis reveals that quasi-judicial constraints diminish the level of exclusionary zoning. This indicates that if city councils are not permitted complete legislative discretion when making zoning decisions, they may not be able to satisfy constituent demands to keep out unwanted developments and their residents.

Drawing on ethnographic observations and informal conversations with judges in Dallas Immigration Court, as well as archival documents, this article describes two approaches through which judges in this setting justify their decisions during removal proceedings. The "scripted approach," used to effect the routine removal of noncitizens in most of the completed cases observed, entails judges' recitation of well-rehearsed narratives regarding the limited legal rights and remedies available to noncitizens. The "extemporaneous approach" involves judges moving beyond their scripts and deliberating in greater depth about noncitizens' cases. In doing so, judges' personal attitudes, biases, and motivations are often revealed as they articulate their desire to circumvent the removal process for noncitizens they view as "deserving" of relief—but for whom only temporary relief from removal is often available given judges' interpretations of immigration law. Although judges recognize that this temporary relief may allow some noncitizens to remain in the United States indefinitely, incomplete protection from removal can leave noncitizens in a precarious legal status and jeopardize these individuals' future opportunities for legalization. These findings support a conceptualization of immigration judges as street-level bureaucrats, or frontline workers who interpret the law—sometimes unevenly—to enforce government policy while interfacing with the individuals subject to said policy. The study thus amplifies the social control capacity of the federal immigration regime.