Legal Data and Information in Practice provides readers with an understanding of how to facilitate the acquisition, management, and use of legal data in organizations such as libraries, courts, governments, universities, and start-ups. Presenting a synthesis of information about legal data that will furnish readers with a thorough understanding of the topic, the book also explains why it is becoming crucial that data analysis be integrated into decision-making in the legal space. Legal organizations are looking at how to develop data-driven insights for a variety of purposes and it is, as Sutherland shows, vital that they have the necessary skills to facilitate this work. This book will assist in this endeavour by providing an international perspective on the issues affecting access to legal data and clearly describing methods of obtaining and evaluating it. Sutherland also incorporates advice about how to critically approach data analysis. Legal Data and Information in Practice will be essential reading for those in the law library community who are based in English-speaking countries with a common law tradition. The book will also be useful to those with a general interest in legal data, including students, academics engaged in the study of information science and law.

African-American Males and the US Justice System of Marginalization provides an overview of the economic and social status of African-American males in America, which continues to deteriorate at an alarming rate. Weatherspoon posits that in every American institutional system, from birth to death, the journey of African-American males to achieve racial justice and equity in this country is ignored, marginalized, and exploited. The American justice system, in particular, has permitted and in some cases sanctioned the marginalization of African-American males as full citizens. Weatherspoon examines the idea that African-American males are disproportionately represented in every aspect of the criminal justice system, and that the marginalization of African-American males in America has a long and treacherous history that continues to negatively impact their economic, political, and social status.

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.

The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts' activity more effective. It can improve the organization of the courts' adjudication and may lead to an increase in the quality of jurisprudence.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

The legal system is often denounced as "Kafkaesque"-but what does this really mean? This is the question Douglas E. Litowitz tackles in his critical reading of Franz Kafka's writings about the law. Going far beyond Kafka's most familiar works-such as The Trial-Litowitz assembles a broad array of works that he refers to as "Kafka's legal fiction"-consisting of published and unpublished works that deal squarely with the law, as well as those that touch upon it indirectly, as in political, administrative, and quasi-judicial procedures. Cataloguing, explaining, and critiquing this body of work, Litowitz brings to bear all those aspects of Kafka's life that were connected to law-his legal education, his career as a lawyer, his drawings, and his personal interactions with the legal system. A close study of Kafka's legal writings reveals that Kafka held a consistent position about modern legal systems, characterized by a crippling nihilism. Modern legal systems, in Kafka's view, consistently fail to make good on their stated pretensions-in fact often accomplish the opposite of what they promise. This indictment, as Litowitz demonstrates, is not confined to the legal system of Kafka's day, but applies just as surely to our own. A short, clear, comprehensive introduction to Kafka's legal writings and thought, Kafka's Indictment of Modern Law is not uncritical. Even as he clarifies Kafka's experience of and ideas about the law, Litowitz offers an informed perspective on the limitations of these views. His book affords rare insight into a key aspect of Kafka's work, and into the connection between the writing, the writer, and the legal world.

The problem of preventing mass human-rights violations and atrocity crimes is one of the key issues in international relations. The book presents the capacity of the international community in the field. The available instruments of early warning, preventive diplomacy as well as legal, economic, and military measures of prevention are included. Cases of Chechnya, Rwanda, Cote d'Ivoire and Libya allowed the analysis of international engagement in typical situations involving mass human-rights violations and atrocity crimes related to self-determination, ethnic tensions, power struggles and attempts to overthrow a dictatorship. They show that although the international community has significantly increased its capacity to prevent, it has not created a coherent system of prevention.

The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically. Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman's insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court's institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people's faith in the Court.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

The Routledge Handbook on American Prisons is an authoritative volume that provides an overview of the state of U.S. prisons and synthesizes the research on the many facets of the prison system. The United States is exceptional in its use of incarceration as punishment. It not only has the largest prison population in the world, but also the highest per-capita incarceration rate. Research and debate about mass incarceration continues to grow, with mounting bipartisan agreement on the need for criminal justice reform. Divided into four sections (Prisons: Security, Operations and Administration; Types of Offenders and Populations; Living and Dying in Prison; and Release, Reentry, and Reform), the volume explores the key issues fundamental to understanding the U.S. prison system, including the characteristics of facilities; inmate risk assessment and classification, prison administration and employment, for-profit prisons, special populations, overcrowding, prison health care, prison violence, the special circumstances of death row prisoners, collateral consequences of incarceration, prison programming, and parole. The final section examines reform efforts and ideas, and offers suggestions for future research and attention. With contributions from leading correctional scholars, this book is a valuable resource for scholars with an interest in U.S. prisons and the issues surrounding them. It is structured to serve scholars and graduate students studying corrections, penology, institutional corrections, and other related topics.

Women, Reentry and Employment: Criminalized and Employable? explores the conflicting discourses about employment for women who are exiting prison. It empirically outlines the landscape of employability supports available to reentering women, the 'steps to employment' women are directed to follow, and the barriers to employment they face and theoretically explores the subject positions of criminalized and employable women. This book offers a contemporary contribution to the scholarship of the past three decades that has queried, monitored, and challenged practices and policies relating to women's corrections in Canada. Based on data gathered about community-based employment supports available to reentering women in Ontario, Canada, exploring how language constructs the subject positions of criminalized and employable women, and bringing into conversation the extensive body of work about women's employment and employability and reintegration, the book marks a unique but important intersection of these empirical and theoretical domains. Central to the book is the juxtaposition of two key subject positions mobilized in women's corrections. One is that of the criminalized woman, a subject whose experiences of trauma and marginalization have rendered her emotionally and mentally broken; she is constrained by her past and incapable of acting towards her future. The other subject position is that of the employable woman who is future oriented, confident, and 'responsible' for her own socio-economic inclusion. How do reentering women experience, inhabit, and resist these incompatible subject positions? Challenging the invisibilization of women's experiences in the criminal justice system, Women, Reentry and Employment will be of great interest to students and scholars of Criminology, Penology, and Women's Studies.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into - and the consequences that may ensue if this is not done - makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts.