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The Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbook provides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits. This is a definitive and invaluable resource!
In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.
Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.
Memory is often the primary evidence in the courtroom, yet unfortunately this evidence may not be fit for purpose. This is because memory is both fallible and malleable; it is possible to forget and also to falsely remember things which never happened. The legal system has been slow to adapt to scientific findings about memory even though such findings have implications for the use of memory as evidence, not only in the case of eyewitness testimony, but also for how jurors, barristers, and judges weigh evidence. Memory and Miscarriages of Justice provides an authoritative look at the role of memory in law and highlights the common misunderstandings surrounding it while bringing the modern scientific understanding of memory to the forefront. Drawing on the latest research, this book examines cases where memory has played a role in miscarriages of justice and makes recommendations from the science of memory to support the future of memory evidence in the legal system. Appealing to undergraduate and postgraduate students of psychology and law, memory experts, and legal professionals, this book provides an insightful and global view of the use of memory within the legal system.
A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.
A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.
The past two decades have seen a rapidly growing involvement of
psychologists and psychiatrists in legal proceedings for criminal
cases, divorces, and traffic and industrial accidents. Mental
health professionals are traditionally not trained to cope with the
legal responsibilities that arise from their routine clinical work
and are eager to learn the professional skills that are needed in
forensic settings. There is presently no book which focuses
entirely on the strategies and verbal tactics employed by attorneys
who critically examine and challenge the testimony of mental health
professionals. If psychologists and psychiatrists can familiarize
themselves with the kind of questions and verbal exchanges that
take place in the courtroom, they would be better prepared to
provide their expertise in an effective manner. This book fills
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It looks at the origins of the field of law and economics, tracks the field's progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union
First Published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
Nearly 185,000 homicides since 1980 remain unsolved, yet with limited staff and resources, it is no surprise that law enforcement units place the bulk of their efforts on current cases where victims' family members and the media demand answers. Cold Cases: An Evaluation Model with Follow-up Strategies for Investigators provides a comprehensive roadmap for digging those cold cases out of the file room and getting them resolved. Practical and concise, the book is an invaluable tool for police officers and detectives attempting to solve crimes that would otherwise be forgotten. Evaluating the Case Divided into three sections, the book begins with a historical perspective on how cases get to the point where it appears all investigative leads have been exhausted. It includes a chapter on understanding the process of homicide and those who kill - critical information for the homicide investigator. Next, the authors explain the evaluation model. They demonstrate the key elements of organization, thoroughness, and the value of the scientific method. This section validates theories of the crime, raises evidentiary issues and concerns, addresses the informational and behavioral aspects relative to the crime and the participants in the crime, and documents investigative strategies for future efforts on the case. Investigating and Solving the Crime The third section discusses the investigation that follows the evaluation. The book considers questions investigators must ask, including what should be looked at beyond the case file itself, and how the growth in technology since the date of the incident might provide new opportunities to uncover clues. This section also explores the choice of interview/interrogation techniques based on the behavioral aspects involved. Finally, the authors suggest how investigators can maximize their efforts and obtain not just an arrest, but a conviction. Useful appendices include sample standard operating procedures from three different agencies to use as a guide for setting up a cold case unit and a list of additional resources a department may look to for assistance. By following the cold cases evaluation model in this volume, those charged with resolving long-forgotten crimes can increase their chance of an accurate resolution, or at least be able to say that everything that can be done has been done.
American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. Judicial Dictatorship challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers.
In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power.
Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence and turbulence of the democratic spirit." This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. Judicial Dictatorship discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, Judicial Dictatorship will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.
How jurors come to a verdict in a trial is a fascinating topic with many unexpected aspects. Inside the Juror presents the most interesting and sophisticated work to date on juror decision making from several traditions--social psychology, behavioral decision theory, cognitive psychology, and behavioral modeling. The authors grapple with crucial questions, such as: Why jurors who hear the same evidence and arguments in the courtroom enter the jury room with disagreements about the proper verdict and how biases and prejudices affect jurors' decisions. And just how "rational" is the typical juror? As an introduction to the scientific study of juror decision making in criminal trials, Inside the Juror provides a comprehensive and understandable summary of the major theories of juror decision making and the research that has been conducted to evaluate their validity.
Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.
Key Cases has been specifically written for students studying law. It is an essential revision tool to be used alone or with the partner Key Facts book in order to ensure a thorough knowledge of core cases for any given law topic. Understanding essential and leading cases fully is a vital part of the study of law - the format, style and explanations of Key Cases will ensure you have this understanding. The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include lecturers and barristers, who have brought their expertise and knowledge to the series to make it user-friendly and accessible. Key features include: essential and leading cases explained; user-friendly layout and style; cases broken down into key components by use of clear symbol system; pocket-sized and easily portable; highly-regarded authors and editors.
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.
Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include: * Diagrams at the start of chapters to summarise the key points * Structured heading levels to allow for clear recall of the main facts * Charts and tables to break down more complex information New to these editions is an improved text design making the books easier read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.
Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the 'clash of cultures' between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture-related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.
Housing has been a key battleground in the fight against racial discrimination. This publication examines the law in relation to issues of housing and race in both the private and the public sector. It places these issues in the broader context of the development of anti-discrimination legislation, outlines the current legislation and examines its impact in relation to owner occupation, public housing, housing association tenancies and private lets. Throughout, the book emphasizes the practical impact of the various legislative programmes, and discusses the responses of the principal institutions, from government departments to the Commission for Racial Equality and Community Relations Councils. It contrasts developments in the USA, from which legislation is largely derived, and argues a case for a new approach to enforcement.
This collection explores the stakes, risks and opportunities invoked in opening and exploring law's archive and re-examining law's evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law's work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law's evidence. Within socio-legal discourse, the move towards 'open justice' has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.
The Evidence Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level". - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London "-it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University
Most English legal texts before 1600, and many from the seventeenth century are written in law French, a dialect which differs considerably both from current French and from old Norman French. Only two guides to law French were published , one in 1701 and the other in 1779: both were full of errors and omissions. This current manual is a revised and considerably enlarged version of the first edition which was published in 1779, the first law French manual to appear since the eighteenth century. The manual is the only current guide to the law French used in English law books between the thirteenth and seventeenth centuries, an essential reference tool for law libraries, students and practitioners of English legal history. This manual is a revised and considerably enlarged version of the 1979 edition. It is the only current guide to the law French used in English law books between the thirteenth and seventeenth centuries, and is an essential reference tool for law libraries, students and practitioners of English legal history.
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
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