Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system...

The experience of working as returning officer (RO), assistant returning officer (ARO), presiding officer (PO) and revising authority (RA) during past four important elections has made me to learn a lot about the role of the judge during general elections activity (for returning the candidates...

The first Neighbourhood Justice Centre has recently been set up in Australia and forms part of a worldwide neighbourhood justice movement which focuses upon local justice solutions. These models are based around community courts operating as part of broader justice initiatives which reposition...

A company voluntary arrangement ('CVA') under Part I of the Insolvency Act 1986 ('IA') is a statutory contract into which terms may be implied on ordinary contractual principles. Although some cases proclaim that the court has no power to vary the terms of a CVA or authorise a breach of the CVA...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

In the United States private contracts are policed using a combination of statutory prohibitions and the doctrine of unconscionable contracts. With the exception of Australia and perhaps Canada, in this the United States stands alone, For the rest of the world, including common law jurisdictions...

Arbitration has grown rapidly during the past 20 years. Particularly notable and problematic is the rapid onset of new or mass arbitration that has resulted from the judiciary's modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees,...

This paper discusses some policy implications for courts of using electronic data bases and making them publicly available. A second paper discusses some policy prescriptions to manage those implications

For over two centuries Americans have debated whether judges should be elected or appointed. While the explicitly framed tension has been about the relative importance of judicial independence and judicial accountability in a democracy, the underlying issue has been about which structure better...

The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...