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Policy And Methods: Choices For Legislatures, James Maxeiner
Policy And Methods: Choices For Legislatures, James Maxeiner
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The legal methods through which one adopts and implements policy decisions profoundly affect the compatibility of policy implementation with democratic legitimacy and legal certainty of the rule of law. Indeed, the choice of legal methods can be as important as the formulation of the policy itself. While a good choice of methods will not heal a bad policy, it can help assure that a less-than-perfect choice of policy can be more forcefully realized than otherwise, it can also help improve the policy choices made and help protect democratic legitimacy and the rule of law. While deficiencies in legislation or in …
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
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Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.