The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Holvast, Nina

doi:10.18352/ijca.200

Cited by 7 publications

(2 citation statements)

References 34 publications

(12 reference statements)

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“…67 It should be noted here that in many jurisdictions there are no qualitative indicators about the popularity of ADR among lawyers and civil justice system users. 68 61 Holvast (2016). 62 Stürner and Wendelstein (2017).…”

Section: Court and Case Managementmentioning

confidence: 99%

Case Management from a Comparative Perspective: Horizontal and Vertical Court Arrangements

Ragone¹

2021

Civil Case Management in the Twenty-First Century: Court Structures Still Matter

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The demand for judicial attention will continue to exceed the supply of judicial time. Various solutions have been suggested to counter the rising caseload. Examples are a reduction of the number of court applications, an increase in the number of judges, and improving the efficiency of the courts with the introduction of appropriate case and court management instruments. Court management and case management are critical components within an efficient judicial system. They depend on the court structure and arrangements within and between the courts both from a horizontal and from a vertical point of view. The structural design of a judicial system depends on multiple factors, including legal culture and policy. This contribution explores, from a comparative perspective, the theories of case management, the role of managerial judges, and the interrelations between court structure, court management and case management. It is evident that case management is dependent on the structural arrangement of courts. In particular, the availability of specialized courts, the flexible composition of the tribunal that corresponds to the complexity and the importance of the case, and the interplay between superior and inferior courts are all critical in ensuring effective case management.1 Benvenuti (2015).

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Section: Court and Case Managementmentioning

confidence: 99%

Case Management from a Comparative Perspective: Horizontal and Vertical Court Arrangements

Ragone¹

2021

Civil Case Management in the Twenty-First Century: Court Structures Still Matter

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“…40 , p. 420. 41 For variations of judicial assistants in relation of their age and their term of employment see also Holvast (2016). 42 See , p. 412.…”

Section: Development and Legal Issuesmentioning

confidence: 99%

Law Clerks In Switzerland – A Solution To Cope With The Caseload?

Bieri¹

2016

IJCA

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Laïcité in the Low Countries? On Headscarves in a Neutral State

Maris

2018

Tolerance : Experiments With Freedom in the Netherlands

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The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity resulted in a legal prohibition of Islamic headscarves in public schools and other public institutions. In France vs. the Netherlands At present the countries of the European Union are tending to a common liberal constitution, even though a draft Constitution for Europe has recently been rejected by referendum in France and the Netherlands. 2 According to article 1.2 of the draft, the Union is founded on the values of human dignity, freedom, democracy, equality, the rule of law, as well as on respect for human rights, including the rights of members of minority groups. Although the European member states already have accepted these liberal constitutional values, traditionally they have given shape to them in divergent ways. 3 These differences in legal culture may evoke sharp mutual criticism. Thus, French authorities are in the habit of sneering at Dutch tolerance that they view as excessive in such domains as euthanasia and drugs policy. From their part, many Batavians cannot help smiling when French presidents pose with a theatrical majesty that far surpasses the rather bourgeois ways of the Dutch royal family. Recently, the French Stasi Commission has added policy towards minorities as a new topic to this list of cultural contrasts. According to the Commission, the Dutch policy of forbearance has taken disastrous effects on the integration of ethno-cultural minorities in the Netherlands. 4 As an attractive alternative the Commission recommends the typically French principle of laïcité that centers on a strong secular state. Indeed, the French variant of liberal constitutionalism is presented as a superior model that other European countries would be wise to adopt. This criticism raises the question of what is the best approach in public policy toward minorities, French laïcité or Dutch tolerance? Or, is it possible to construe a rational third way that bridges these differences in European legal cultures? I focus on the proposal to ban Muslim headscarves in public institutes, one of the main issues in the Stasi Report. 2 Part II of the draft, The Charter of Fundamental Rights of the Union, has already been accepted in 2000 in a separate solemn proclamation by the European Parliament, the Council of the European Union, and the European Commission. The Preamble declares: 'The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values. Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating ...

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The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Cited by 7 publications

References 34 publications

Case Management from a Comparative Perspective: Horizontal and Vertical Court Arrangements

Case Management from a Comparative Perspective: Horizontal and Vertical Court Arrangements

Law Clerks In Switzerland – A Solution To Cope With The Caseload?

Laïcité in the Low Countries? On Headscarves in a Neutral State

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