Brings a distinctive and appropriately provocative stance to a growing debate;

- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people's lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter 'Anachronistic As Colonial Remnants May Be...' - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.

Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.

Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work, and social history programs in countries all around the world.

This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive's regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners' voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond.

Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.

Forensic Narratives in Athenian Courts breaks new ground by exploring different aspects of forensic storytelling in Athenian legal speeches and the ways in which forensic narratives reflect normative concerns and legal issues. The chapters, written by distinguished experts in Athenian oratory and society, explore the importance of narratives for the arguments of relatively underdiscussed orators such as Isaeus and Apollodorus. They employ new methods to investigate issues such as speeches' deceptiveness or the appraisals which constitute the emotion scripts that speakers put together. This volume not only addresses a gap in the field of Athenian oratory, but also encourages comparative approaches to forensic narratives and fiction, and fresh investigations of the implications of forensic storytelling for other literary genres. Forensic Narratives in Athenian Courts will be an invaluable resource to students and researchers of Athenian oratory and their legal system, as well as those working on Greek society and literature more broadly.

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.

In 1906 a white lawyer named Dabney Marshall argued a case before the Mississippi Supreme Court demanding the racial integration of juries. He carried out a plan devised by Mississippi's foremost black lawyer of the time: Willis Mollison. Against staggering odds, and with the help of a friendly newspaper editor, he won. How Marshall and his allies were able to force the court to overturn state law and precedent, if only for a brief period, at the behest of the U.S. Supreme Court is the subject of "Jury Discrimination," a book that explores the impact of the Civil War and Reconstruction on America's civil rights history.
Christopher Waldrep traces the origins of Americans' ideas about trial by jury and provides the first detailed analysis of jury discrimination. Southerners' determination to keep their juries entirely white played a crucial role in segregation, emboldening lynchers and vigilantes like the Ku Klux Klan. As the postbellum Congress articulated ideals of national citizenship in civil rights legislation, most importantly the Fourteenth Amendment, factions within the U.S. Supreme Court battled over how to read the amendment: expansively, protecting a variety of rights against a host of enemies, or narrowly, guarding only against rare violations by state governments. The latter view prevailed, entombing the amendment in a narrow interpretation that persists to this day.
Although the high court clearly denounced the overt discrimination enacted by state legislatures, it set evidentiary rules that made discrimination by state officers and agents extremely difficult to prove. Had these rules been less onerous, Waldrep argues, countless black jurors could have been seated throughout the nation at precisely the moment when white legislators and jurists were making and enforcing segregation laws. Marshall and Mollison's success in breaking through Mississippi law to get blacks admitted to juries suggests that legal reasoning plausibly founded on constitutional principle, as articulated by the Supreme Court, could trump even the most stubbornly prejudiced public opinion.

This book presents a detailed analysis of Hawaii's Opportunity Probation with Enforcement (HOPE) program. Developed by Judge Steven Alm in Hawaii in 2004, this model of 'swift, certain and fair' justice has been widely adopted across the United States. The book argues that although HOPE has principally been viewed in terms of its deterrent impact, it is in fact best understood through the lens of therapeutic jurisprudence and solution-focused courts, especially drug courts. Bartels presents a detailed overview of HOPE's operation, as well as a critical assessment of the evaluation findings of HOPE and other programs based on this model. Crucially, the book draws on observational research to demonstrate that much of the commentary on HOPE has been based on misunderstandings about the program, and Bartels ultimately provides much-needed in-depth analysis of critiques of the HOPE model. A rigorous study which concludes by identifying key issues for jurisdictions considering implementing the model and areas for future research, this book will be of special interest to scholars of criminal justice, recidivism and drug-related issues.

This book analyzes why the Rehnquist Court never fulfilled expectations for the reversal of liberal judicial decisions from the Warren and Burger Courts. At its conservative high point in 1991-1992 the Supreme Court was dominated by seven justices who had dependably conservative voting records over the course of their early careers. Five of these justices were appointed in the 1980s and early 1990s by Reagan and Bush, presidents who made concerted efforts to appoint judicial officers who would undo liberal precedents. This is the first book to focus on scholars' growing recognition that the Rehnquist Court has not been as conservative as most presumed it would be. In focusing on Justice Antonin Scalia, whose role inadvertently contributed to the Court's failure to achieve conservative goals, the study examines how individual justices can affect Supreme Court decisions through their judicial behavior.

Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.

* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law

This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.

This groundbreaking edited volume evaluates prisoner reentry using a critical approach to demonstrate how the many issues surrounding reentry do not merely intersect but are in fact reinforcing and interdependent. The number of former incarcerated persons with a felony conviction living in the United States has grown significantly in the last decade, reaching into the millions. When men and women are released from prison, their journey encompasses a range of challenges that are unique to each individual, including physical and mental illnesses, substance abuse, gender identity, complicated family dynamics, the denial of rights, and the inability to voice their experiences about returning home. Although scholars focus on the obstacles former prisoners encounter and how to reduce recidivism rates, the main challenge of prisoner reentry is how multiple interdependent issues overlap in complex ways. By examining prisoner reentry from various critical perspectives, this volume depicts how the carceral continuum, from incarceration to reentry, negatively impacts individuals, families, and communities; how the criminal justice system extends different forms of social control that break social networks; and how the shifting nature of prisoner reentry has created new and complicated obstacles to those affected by the criminal justice system. This volume explores these realities with respect to a range of social, community, political, and policy issues that former incarcerated persons must navigate to successfully reenter society. A springboard for future critical research and policy discussions, this book will be of interest to U.S. and international researchers and practitioners interested in the topic of prisoner reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, criminal justice policies, and reentry.

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Public Policy and the CJEU's Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEU's influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as public policy approach to studying judicial power in the European Union. The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings relies on these policy stakeholders. Therefore, the CJEU's power is strongly dependent on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEU's impact. Bringing together expert contributions, Public Policy and the CJEU's Power will be of great interest and use to scholars working on the European Union, law and politics and public policy. The chapters were originally published as a special issue in the Journal of European Integration.

The Sex Offender Register examines the origins, history, structure and legalities of the UK sex offender register, and explores how political and public opinion has influenced the direction the policy of registration has taken. Delving into the origins of the UK sex offender register and how the registration policy has evolved, this book provides an understanding of the register and its contribution to public protection while attempting to see the register as a policy that has grown and developed and as having an organic life of its own. The sex offender register is designed as a form of public protection rather than a punishment, requiring offenders to notify the police of their circumstances and to accept a degree of offender management from the police. The book: * puts the development of the register in its political, social and ethical context * considers the position of children and young people as offenders * outlines the movement of registered offenders across international borders * analyses how offenders can be removed from the register * explores how other countries in the UK manage sex offenders through registers * asks questions about the efficacy of the register and what contribution it makes to public protection * looks at specific aspects of registration including the management of information * delves into the experience of life on the register * examines the influence of public opinion * discusses the role of the police as custodians of the register and as offender managers. Exploring the different pressures brought to bear on the register, this book provides an authoritative starting point for police officers, social workers, probation officers, magistrates, students of Criminology, Criminal Justice and Policing, and the general reader wanting to understand where the UK sex offender register originated from and how it operates today.

The Sex Offender Register examines the origins, history, structure and legalities of the UK sex offender register, and explores how political and public opinion has influenced the direction the policy of registration has taken. Delving into the origins of the UK sex offender register and how the registration policy has evolved, this book provides an understanding of the register and its contribution to public protection while attempting to see the register as a policy that has grown and developed and as having an organic life of its own. The sex offender register is designed as a form of public protection rather than a punishment, requiring offenders to notify the police of their circumstances and to accept a degree of offender management from the police. The book: * puts the development of the register in its political, social and ethical context * considers the position of children and young people as offenders * outlines the movement of registered offenders across international borders * analyses how offenders can be removed from the register * explores how other countries in the UK manage sex offenders through registers * asks questions about the efficacy of the register and what contribution it makes to public protection * looks at specific aspects of registration including the management of information * delves into the experience of life on the register * examines the influence of public opinion * discusses the role of the police as custodians of the register and as offender managers. Exploring the different pressures brought to bear on the register, this book provides an authoritative starting point for police officers, social workers, probation officers, magistrates, students of Criminology, Criminal Justice and Policing, and the general reader wanting to understand where the UK sex offender register originated from and how it operates today.

Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.