The European Court of Justice and international courts
In: International courts and tribunals series
In: International courts and tribunals series
In: Law, courts and politics, 4
"The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back-pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public's understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the Court's actual work, its members, and the confirmation hearings. Analyzing media coverage of nominations and confirmation hearings, the justices' 'extra-curricular' activities and their retirements/deaths, and the Court's opinions and comparing this coverage to analyses of confirmation transcripts and the Court's full docket, Rorie Spill Solberg and Eric N. Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a 'cult of the robe, ' wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the 'cult of personality, ' wherein the media emphasize certain attributes of the justices and their work to match the public's preferences for subject matter and content. The media's portrayal, then, undercuts the Court's legitimacy and its reservoir of good will"--
"How to Please the Court: A Moot Court Handbook" is a resource designed for students and teachers to prepare for and participate in undergraduate appellate court simulations. This text is the only one of its kind on the market, focusing on helping undergraduate students try their hand at appellate advocacy. The authors combine their decades of experience teaching and coaching moot court to help students understand key skills needed in appellate advocacy such as legal research , critical thinking, oral advocacy, and impromptu speaking. The authors also help students prepare for competition by taking them step by step through the work needed before a tournament and what to expect at a tournament. Unlike similar texts for law students, "How to Please the Court" speaks to students who have not yet started law school and may not have access to the materials or educational resources that a law school provides. This text includes chapters like Understanding Legal Research, Moot Court as a Classroom Activity, and Brief Writing for Moot Court
In: Law, courts and politics 4
"The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back-pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public's understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the Court's actual work, its members, and the confirmation hearings. Analyzing media coverage of nominations and confirmation hearings, the justices' 'extra-curricular' activities and their retirements/deaths, and the Court's opinions and comparing this coverage to analyses of confirmation transcripts and the Court's full docket, Rorie Spill Solberg and Eric N. Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a 'cult of the robe,' wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the 'cult of personality,' wherein the media emphasize certain attributes of the justices and their work to match the public's preferences for subject matter and content. The media's portrayal, then, undercuts the Court's legitimacy and its reservoir of good will"--
Constitutional litigation in the United States / Robert A. Kagan and Gregory Elinson -- Access to the German Federal Constitutional Court / Werner Heun -- Mobilization of the German Federal Constitutional Court / Erhard Blankenburg -- The U.S. Supreme Court's strategic decision making process / Timothy Johnson and Maron Sorenson -- Decision making at the German Federal Constitutional Court / Uwe Kranenpohl -- Junior varsity judges? : law clerks in the decisional process of the U.S. Supreme Court / Artemus Ward -- The legal assistants at the German Federal Constitutional Court : a "black box" of research? / Otwin Massing -- The implementation of U.S. Supreme Court decisions / Lawrence Baum -- Implementation of German Federal Constitutional Court decisions : judicial orders and the federal legislature / Thomas Gawron and Ralf Rogowski -- The U.S. Supreme Court and the German Federal Constitutional Court : selection, nomination and election of justices / Klaus Stewe -- The impact of the German Federal Constitutional Court on consolidation and quality of democracy / Sascha Kneip -- Constitutional courts in changing political systems / Hans J. Lietzmann
In: Global Institutions
In The Captive Court, Ian Bushnell explores the judicial function of the Supreme Court of Canada from its establishment in the 1870s to the present day. He traces the evolution of the Court as a creative force in Canadian law and reveals its gradual recognition of the need to move from a literal, mechanical approach in interpretation to a more creative one. The introduction of the Charter of Rights and Freedoms in 1982 was of particular significance in forcing a re-evaluation of judicial function.
In: Studies on international courts and tribunals
Introduction / Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, and Geir Ulfstein -- Solomonic judgments and the legitimacy of the International Court of Justice / Nienke Grossman -- The global-local dilemma and the ICC's legitimacy / Margaret de Guzman -- Justice as legitimacy in the European Court of Human Rights / Molly Land -- Legitimacy and jurisdictional overlap : the ICC and the Inter-American Court in Colombia / Alexandra Huneeus -- The legitimacy of the European Court of Justice : normative debates and empirical evidence / Mark Pollack -- The International Tribunal for the Law of the Sea : seeking the legitimacy of state consent / Anastasia Telesetsky -- Who decides matters : the legitimacy capital of WTO adjudicators versus ICSID arbitrators / Joost Pauwelyn -- The legitimacy of the International Centre for Settlement of Investment Disputes / Andrea Bjorklund -- The human rights treaty bodies and legitimacy challenges / Geir Ulfstein -- Constitutionalization, not democratization : how to assess the legitimacy of international courts / Andreas Follesdal -- Democracy, justice and the legitimacy of international courts / Mortimer Sellers -- Stronger together? : legitimacy and effectiveness of international courts as mutually reinforcing or undermining notions / Yuval Shany
World Affairs Online
In: Dept. of Law R.S.S.S. publication 1
In: Elgar studies in European law and policy
In: Brill Research Perspectives Ser.
In: Brill Research Perspectives in International Law Ser.
Intro -- Contents -- Religious Courts in the Jurisprudence of the European Court of Human Rights -- Abstract -- Keywords -- 1 Introduction -- 1.1 Background: The Religious Courts at a Glance -- 1.2 The Case Law of the ECtHR -- 1.3 Cases Seen from Different Perspectives -- 1.4 No Cross-references to Previous ECtHR Cases and Other Technical Matters -- 2 Religious Courts: Their Structures and Their Legal Standing -- 2.1 Religious Courts: Sources of Law and Structures -- 2.2 Religious Courts and Their Legal Standing in European Countries -- 3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts -- 3.1 Karlsson (1988)-The Swedish Government and Appeals from a Diocesan Chapter -- 3.2 Williamson (1995)-Challenging a Church Measure before the English (State) Courts -- 3.3 Implicitly, Only Church Courts Are Competent to Adjudicate a Case of Compulsory Retirement-The Case of the Protestant Clergyman in X v Federal Republic of Germany (1981) -- 3.4 State Interference in the Functioning of Churches and Religious Associations (Autonomy of Churches and Religious Communities) -- 3.5 Episodic Roles of Religious Courts -- 3.6 Cases in Which the Applicants and the Domestic (State) Courts Referred to the Internal Law of Churches and Religious Communities But Made No Reference to Their Religious Courts -- 4 Relations between Religious Courts and State Courts in Strasbourg Case-Law -- 4.1 No Answer to the Question Whether the Consistory Courts of the Church of Denmark Provide Proper Legal Protection-(Clergyman) X v. Denmark (1976) -- 4.2 The Consistory Court of the Church of England as an Impartial Court under Article 6 ECHR-Tyler (1993) -- 4.3 The Cathedral Chapter of the Evangelical Lutheran Church of Finland Is Not Impartial: Helle (1997) -- No Comment: Ahtinen (2008).