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Research Handbook on Law and Courts

Research Handbook on Law and Courts

Author: Susan Sterett; Lee D. Walker
Publisher: Edward Elgar Publishing
ISBN: 9781788113199
Published In: October 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This comprehensive Research Handbook offers a multi-faceted analysis of the politics of law and courts and their role in governing.

The authors develop new theoretical, empirical and methodological approaches to the study of law and courts as institutions, while accounting for the increasing diversity and complexity of the jurisdictions they oversee.

The Research Handbook on Law and Courts features contributions from leading scholars in the United States, New Zealand, South Africa, Latin America and a number of European countries, enriching the scope of theoretical development in the field and identifying areas for future research.

Chapters address courts' centrality to governance by explaining how they participate in holding democratic administrations politically accountable, as well as by highlighting the political significance of court decisions concerning citizenship and inclusion. Chapters include studies of interactions between legal arguments, courts and other institutions that rely on law, as well as reflections on the physical and digital spaces of law.

This volume also examines demographic diversity in judging before concluding with reflections on how increasing digitization and computing power shape both court processes and sociolegal scholarship. Scholars concerned with courts and political accountability in complex, multi-layered governance will find this Research Handbook an invaluable resource.

Since courts and legal structures are increasingly significant around the world, the handbook will also be useful to other social scientists concerned with inclusion, representation, and accountability through law.

Introduction to law and courts (Susan Sterett and Lee Walker)

PART I - COURTS AND POLITICAL ACCOUNTABILITY: 1. International Tribunals and Political Accountability (James Meernik) 2. Degrees of Separation: judicial-executive relations in the US and Latin America (Gbemende Johnson) 3. Comparing the Significance of War to High Courts of the USA, UK, and Canada (Susanne Schorpp) 4. Drug Policy, Violence, and Support for the Judiciary in Latin America: The "Drug Trafficking Trap" (Aldo F. Ponce) 5. Law, Courts and Populism: Climate Change Litigation and the Narrative Turn (Chris Hilson) 6. Courts and Transformative Constitutionalism: insights from South Africa (Anthony Diala)

PART II - JUDICIAL PROCESS: 7. Independence in Judicial Hierarchies: Civil Law Systems (Julio Rios-Figueroa) 8. The Use of Precedent in U.S. Supreme Court Litigant Briefs (Jessica A. Schoeneherr and Ryan C. Black) 9. Heavy Caseloads and Speedy Remedies: Challenging Authorities' (In)action via Amparos in Latin America (Lydia Brashear Tiede and Susan Achury) 10. Accountability, Authority and Documentary Fragility: Shadow files and Trial in India (Mayur Suresh) 11. Court Architecture and the Justice System Peter Robson, Patricia Branco and Johnny Rodger 12. Institutional Norms, Parliament, and the Courts: Explaining the Absence of Abortion Restrictions in Canada Jonathan Parent

PART III - DIVERSITY 13. Gender on the International Bench (Laura P. Moyer) 14. Appointing Women to High Courts (Maria Escobar-Lemmon, Valerie Hoekstra, Alice J. Kang, and Mikki Caul Kittilson) 15. Judicial Service Commissions and the Appointment of Women to High Courts in Nigeria and Zambia (Jarpa J. Dawuni and Tabeth Masengu) 16. Judicial Diversity in the United States Federal Judiciary (Taneshia N. Means, Kaitlin Prado, and Andrew Eslich) 17. The gender and judging project: equity in Germany (Ulrike Schultz)

PART IV - SUB-NATIONAL COURTS: 18. Empowering and Activating Courts: Subnational Judicial Politics in Brazil (Luciano Da Ros and Matthew C. Ingram) 19. Opinion Language Borrowing in State Courts in the United States (Jennifer Bowie and Elisha C. Savchak) 20. State High Courts and Precedent: the diffusion of precedent in the United States (Ben Kassow) 21. Letting the Outside In? Court Clerks, Discretion and the Shifting Boundary between Community and Court in Domestic Violence Cases in South Africa (Kelley Moult) 22. When do the Losers Win? Appellate Court Reversals of Civil Jury Verdicts (Tao Dumas) 23. Creating Space for supranational law: Environmental Legal Mobilization and Spanish NGOs (Luz Munoz and David Moya)

PART V - COURTS, INCLUSION, AND BELONGING: 24. Patrolling the Boundaries of Belonging? Courts, Law, and Citizenship (Lisa Conant, Andreas Hofmann, Dagmar Soennecken, and Lisa Vanhala) 25. Conflicts in Indigenous Law: Courts and Federalism in the United States and Common Law Nations (Rebecca A. Reid and Todd A. Curry) 26. Implicit and Explicit Boundaries of Belonging: indigeneity in Finland (Kati Nieminen) 27. Domestic Legal Institutions and International Law: The UN Convention of Discrimination Against Women and the Netherlands (Audrey L. Comstock)

PART VI - DIGITALIZATION OF LAW AND COURTS RESEARCH: 28. Creating Digital Legal Subjects: The Use of Online Criminal Court Records for Research (Sarah E. Lageson) 29. All Your Data Will Be Held Against You: Secondary Use of Data from Personal Genomics & Wearable Tech (Andelka M. Phillips) 30. Data Infrastructure Innovation in the Field of Law and Courts: The European Court of Human Rights Database (ECHRdb) (Elizabeth Chrun and Rachel Cichowski) 31. 'Text as Data' in Law and Courts: Data Coding, Language Clarity, and Data Sharing (Justin Wedeking) 32. Creating Databases in Sociolegal Research: The U.S. Supreme Court Confirmation Hearings Database (Paul M. Collins, Jr. and Lori A. Ringhand)

Index