How do people respond to different decision-making processes in high courts? One long-standing view suggests that citizens expect courts be neutral arbiters of legal controversies. Although the relevance such “myth legality” has been challenged, we know very little about relationship between portrayals motives and justices public attitudes civil law countries. We explore this question a pair ex...

It is often conjectured that non-state dispute resolution blossoms when state courts are not independent or are perceived as low-quality courts. This conjecture implies a substitutive relationship between state and nonstate dispute resolution. An alternative hypothesis argues that both the quality and the frequency of use of these two alternative mechanisms are complementary: societies with hig...

Over the past two decades, drug courts have emerged as a viable alternative for addressing drug cases within the criminal justice system. In California, the Drug Court Partnership Program (DCPP) was created in 1998 and has supported and funded the development of drug courts throughout the State. This article reports on a review of California drug court evaluations through January 2000 conducted...

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case requires for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical c...

This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specia...

the safavid dynasty was the first iranian centralized administration, which chose shia’a branch of islam as the official religion and the judicial system for iran. in safavi period the state officially established two separate and distinct court system. first the state courts (the urf courts) under the supervision of the secular minister of justice (divan-begi) and the secondly the islamic cour...

This Note examines New York City's Sugary Drinks Portion Cap Rule (Soda Ban), which was originally set to become effective March 12, 2013. The New York County Supreme Court's decision in New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health and Mental Hygiene suspended the Soda Ban on March 11, 2013. The First Department of the Appellate Division of...

The much-publicised recent decision of the Court of Appeal in the case of the ischiopagus conjoined twins, Mary and Jodie, should be viewed with considerable alarm by criminal lawyers. We find the mood of the Court reminiscent of that in Airedale NHS Trust v. Bland1. There, too, the criminal law appeared to present an inconvenient obstacle to the result desired by all the courts involved. In th...

Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the " War on Drugs. " However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of sentencing policy in traditional and alternative drug ...

This paper contributes to the positive political theory of legislative delegation by modeling formally the decision calculus of a rational legislator who must choose between delegation to an agency and delegation to a court. The model focuses in particular on the legislator’s interest in diversifying risk, both across time and across issues, and her interest in avoiding interpretive inconsisten...