Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012

2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Judicial Discretion ◽  
England And Wales ◽  
Sentencing Reform ◽  
Novel Approach ◽  
Sentencing Reforms ◽  
The Law

In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

THE SHADOW OF THE COURT: THE GROWING IMPERATIVE TO REFORM ETHICAL REGULATION OF FORMER JUDGES

2018 ◽  
Vol 67 (3) ◽  
pp. 505-546
Author(s):  
Gabrielle Appleby ◽  
Alysia Blackham
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Public Confidence ◽  
England And Wales ◽  
Ethics Regulation

AbstractIn recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.

Solitary Confinement across Borders

2019 ◽  
pp. 59-76
Author(s):  
Sharon Shalev
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Prison System ◽  
Solitary Confinement ◽  
Management Units ◽  
England And Wales ◽  
Close Supervision ◽  
Recent Developments

This chapter looks at the use of solitary confinement in three jurisdictions where the author has conducted research: England and Wales, New Zealand, and the United States. It asks when and why prisoners are placed in solitary confinement in these jurisdictions, and what are the conditions of their confinement. The chapter's main focus is on the long-term use of solitary confinement as a tool for managing individuals classified and labeled as the most dangerous or troublesome in the prison system, including in New Zealand's Management Units and England and Wales’s Close Supervision Centres. Finally, it examines recent developments and asks what learning there might be for other jurisdictions.

Part II The Bermuda Form in Detail, 13 Misrepresentation and Nondisclosure

2018 ◽  
Author(s):  
Scorey David ◽  
Geddes Richard ◽  
Harris Chris
Keyword(s):  
United States ◽  
New York ◽  
Multinational Corporation ◽  
The United States ◽  
England And Wales ◽  
English Law ◽  
The Law

This chapter first discusses the law of misrepresentation and nondisclosure as it has developed in New York, since the law of that state is designated in the majority of Bermuda Form policies as governing the resolution of ‘any dispute, controversy or claim arising out of or related to the Policy’, which would clearly include a dispute about alleged misrepresentation in its procurement. The second part discusses English law. This is relevant for a number of reasons. It is not at all uncommon that the version of the Bermuda Form in play in respect of a given dispute will expressly adopt the law of England and Wales as controlling. This is often the case where the policy is issued to a multinational corporation whose management and headquarters are not located in the United States, or where the policy is not issued by an insurer resident in Bermuda.

The Quest for Equality in Sentencing

1991 ◽  
Vol 25 (3-4) ◽  
pp. 595-606 ◽  
Author(s):  
Marvin E. Frankel
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Side Effects ◽  
The United States ◽  
Basic Principles ◽  
Sentencing Reform ◽  
The Law ◽  
Long Course

Any system of justice purporting to be civilized must pursue two basic principles: (1) that people similarly circumstanced are to be treated equally under the law; (2) that people administering the law are not permitted to act arbitrarily or to prescribe individually the rules governing their actions and decisions. Both of these principles were persistently violated through well over half the twentieth century in the sentencing of people for crimes in the United States. The steady violations were produced by a combination of sentimental good intentions, puritanical severity and irrational misconceptions concerning the effects of punishment and the capacity of those commissioned to administer punishment. As the century wanes, the long course of error has been identified. This is a time of intensive sentencing reform. We are vexed now in a familiar way by doubts about the efficacy and the side effects of the reforms.

scholarly journals The need for an intrusion upon seclusion privacy tort within English law

2017 ◽  
Vol 46 (4) ◽  
pp. 287-305
Author(s):  
John Hartshorne
Keyword(s):  
United States ◽  
New Zealand ◽  
Private Information ◽  
The United States ◽  
Law Reform ◽  
Canadian Province ◽  
England And Wales ◽  
The Creation ◽  
English Law

In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.

scholarly journals Form, Substance, and Neo-Proceduralism in Comparative Contract Law: Law in Books and Law in Action in New Zealand, England, the United States of America, and Japan

2021 ◽  
Author(s):  
◽  
Luke Richard Nottage
Keyword(s):  
United States ◽  
New Zealand ◽  
United States Of America ◽  
Legal Theory ◽  
Analytical Framework ◽  
The United States ◽  
Contract Law ◽  
Legal Studies ◽  
The Law ◽  
Japanese Law

<p>Part One of this thesis develops the "form-substance" analytical framework proposed by Atiyah and Summers to contrast English and US law generally, comparing also New Zealand and especially Japanese law. From this perspective, it argues that both US and Japanese law prefer distinctly more substantive reasoning, whereas both English and New Zealand law maintain a more formal orientation. Part Two focuses on three areas of contract law, and the development of contract law theory, arguing that the framework helps explain differing approaches adopted in these jurisdictions. Closer attention to the "law in action" as well as the "law in books", however, results in refinements to their analytical framework. It also suggests that "neo-proceduralist" models of law generally, and private law in particular, may be becoming increasingly important in both explaining and justifying developments in all four legal systems. Part Three introduces several of these models, which go beyond "form-substance" dichotomies without necessarily being inconsistent with them. This thesis therefore aims to offer new perspectives in three disciplines: comparative legal studies, contract law, and general legal theory.</p>

scholarly journals Is ‘viability’ viable? Abortion, conceptual confusion and the law in England and Wales and the United States

2020 ◽  
Author(s):  
Elizabeth Chloe Romanis
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Access To Healthcare ◽  
England And Wales ◽  
The Usa ◽  
The Law ◽  
Conceptual Confusion

Abstract In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that there is incoherence in the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare.

Unjust Enrichment and Restitution

2020 ◽  
pp. 292-308
Author(s):  
Andrew Burrows
Keyword(s):  
United States ◽  
The United States ◽  
Private Law ◽  
Journal Articles ◽  
England And Wales ◽  
Legal Question ◽  
Unjust Enrichment ◽  
The Subject ◽  
The Creation ◽  
The Law

This chapter examines the contrast between the English and U.S. approaches to the law of unjust enrichment—otherwise known as the law of restitution—over the last forty years. In England and Wales, no area of private law has been subjected to greater academic scrutiny in the last forty years than the law of unjust enrichment. The subject has spawned hundreds of law journal articles, scores of monographs and textbooks, and even the creation of a dedicated law review (the Restitution Law Review, first published in 1993). In contrast, and until the New Private Law movement, there appears to have been a decline of interest over the same period in the law of unjust enrichment/restitution in the United States. The chapter then focuses on a very specific legal question that has recently troubled the English courts—the meaning of “at the expense of”—to illustrate the English doctrinal approach epitomized in the writings of Peter Birks, and the most prominent recent challenge to it.

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