This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.

* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.

* Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. * Provides focused attention on how experts interact with judges, attorneys, and juries * Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. * Provides a step-by-step approach to orienting the new academic to expert witnessing

* Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. * Provides focused attention on how experts interact with judges, attorneys, and juries * Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. * Provides a step-by-step approach to orienting the new academic to expert witnessing

Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.

A comprehensive examination of the connection between mass incarceration and health In an age when over two million people are incarcerated in the United States alone, the wide-reaching impact of prisons in our society is impossible to deny, and the paradoxical relationship between prisons and health has never been more controversial. Prisons are charged at the same time with being punitive and therapeutic, with denying freedom and administering treatment, with confining and rehabilitating. And they are not living up to the charge. Prisons and Health in the Age of Mass Incarceration examines the connection between prisons and health. Based on a decade of empirical research, this book explores the consequences of incarceration on inmates themselves; on the families they leave behind; on the larger communities to which they return; and, ultimately, on entire health care systems at the state and national level. Jason Schnittker, Michael Massoglia, and Christopher Uggen demonstrate that the relationship between incarceration and health is sustained by a combination of social, cultural, and legal forces, and by a failure to recognize that prisons are now squarely in the business of providing care. With an eye to the history that led us to this point, the book investigates these connections and shows how prisons undermine health and well-being. An evenhanded and comprehensive analysis, this groundbreaking volume demonstrates that the prison system produces unintended and far-reaching consequences for the health of our nation and points the way for a fairer and more effective justice system.

This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.

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aThis piecemeal research is interesting to the extent that the reader is interested in reconstructing the pasta
-- The Law and Politics Book Review

"This first-rate work of legal history meets the high expectations of those familiar with James Oldham's scholarship, and bears those hallmarks of excellence that we associate with that scholarship: total mastery of the manuscript and other sources, lucid exposition, fresh perspective, and sound insight. Illuminating not only the history of the jury, but the contemporary significance and judicial use of that history, this book will be enlightening for the non-specialist, and a boon to the legal historian."
--Barbara A. Black, George Welwood Murray Professor of Legal History, Columbia Law School

"Essential reading for anyone interested in trial by jury. Oldham speaks with authority about who the jurors were and what they decided. Surprisingly, he supports a 'complexity exception' to the Seventh Amendment's jury trial guarantee in civil cases. His carefully-documented history of both male and female juries of experts is uniquely valuable. No comparable work exists."
--William E. Nelson, Judge Edward Weinfeld Professor of Law, NYU School of Law

"An impressive achievement by the leading historian of eighteenth century English law. Meticulously researched and relevant both to historical and modern debates, this book deserves a wide readership."
--Thomas P. Gallanis, Professor of Law and History, Washington and Lee University

"Oldham wonderfully complicates our historical image of the trial jury enshrined in the Sixth and Seventh Amendments of the Bill of Rights.Early English common law summoned juries of women, foreigners, experts, tradesmen, and neighbors, all deliberately chosen to bring their particular knowledge or experience to court. More than any other scholar, Oldham has revealed the manuscript sources that illuminate the context of English trial practice at the time the Bill of Rights was drafted in the newly-independent United States."
--David J. Seipp, Professor of Law, Boston University School of Law

"Not only legal historians but also practicing historians have a special interest in the subject of this book. One gets a picture of the plasticity of eighteenth-century jury practice that has not been understood."
--John H. Langbein, Sterling Professor of Law & Legal History, Yale Law School

aOldhamas knowledge of the subject matter is encyclopedic, and his investigation has unearthed voluminous material on the historical workings of juriesa].[H]is research is sure to be cited in support of future attempts to curtail the use of jury trials. Those who support the existing civil justice system will ignore it at their peril.a
--"Trial"

While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution.

Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trialby jury and who composed the jury. Oldham then considers the extensive historical use of a variety of "special juries," such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.

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.

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

The book takes a stimulating and fresh look at the classical question: Who rules Japan? Seven highly informative analyses explore to what extent the 2001 judicial reforms have already transformed the Japanese state and paved the way for Japan's gradual shift from its (in)famous administrative governance model to a judicial state with the 'rule of law' at its center and a broader participation of citizens in the various spheres of public life.' - Harald Baum, Max Planck Institute for Comparative and International Private Law, GermanyThe dramatic growth of the Japanese economy in the post-war period, and its meltdown in the 1990s, generated major reform recommendations in 2001 from the Justice System Reform Council aimed at greater civic engagement with law. This timely book examines the regulation and design of the Japanese legal system and contributes a legal perspective to the long-standing debate in Japanese Studies: who governs Japan? Who Rules Japan? explores the extent to which a new Japanese state has emerged from this reform effort - one in which the Japanese people participate more freely in the legal system and have a greater stake in Japan's future. Expert contributors from across the globe tackle the question of whether Japan is now a judicial state, upturning earlier views of Japan as an administrative state. The book explores well-known reforms, such as lay participation in criminal justice, but also less well-canvassed topics such as industrial relations, dispute resolution, government lawyers, law within popular culture in Japan, and social welfare and the law. The blend of empiricism, policy analysis, theory and doctrine provides a discerning insight into the impact of the law reform initiatives from the Justice System Reform Council. Legal academics interested in comparative law broadly and Asian law specifically will find this book an indispensable contribution to the literature, offering a unique insight into the changing Japanese legal system. Students and scholars of Japanese Studies, especially the social sciences, will find clarity in this refreshing legal viewpoint of governance in contemporary Japan. Contributors: K. Anderson, T. Araki, S. Green, D.T. Johnson, S. Kozuka, C. Lawson, T. Ryan, L. Nottage, S. Shinomiya, L. Wolff

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.

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.

Drawing on work from inside some of America's largest and toughest prisons, this book documents an alternative model of "restorative corrections" utilizing the lived experience of successful inmates, fast disrupting traditional models of correctional programming. While research documents a strong desire among those serving time in prison to redeem themselves, inmates often confront a profound lack of opportunity for achieving redemption. In a system that has become obsessively and dysfunctionally punitive, often fewer than 10% of prisoners receive any programming. Incarcerated citizens emerge from prisons in the United States to reoffend at profoundly high rates, with the majority of released prisoners ending up back in prison within five years. In this book, the authors describe a transformative agenda for incentivizing and rewarding good behavior inside prisons, rapidly proving to be a disruptive alternative to mainstream corrections and offering hope for a positive future. The authors' expertise on the impact of faith-based programs on recidivism reduction and prisoner reentry allows them to delve into the principles behind inmate-led religious services and other prosocial programs-to show how those incarcerated may come to consider their existence as meaningful despite their criminal past and current incarceration. Religious practice is shown to facilitate the kind of transformational "identity work" that leads to desistance that involves a change in worldview and self-concept, and which may lead a prisoner to see and interpret reality in a fundamentally different way. With participation in religion protected by the U.S. Constitution, these model programs are helping prison administrators weather financial challenges while also helping make prisons less punitive, more transparent, and emotionally restorative. This book is essential reading for scholars of corrections, offender reentry, community corrections, and religion and crime, as well as professionals and volunteers involved in correctional counseling and prison ministry.

Centred on the lawsuit over Kennewick Man, this history illuminates one of the most contentious issues in science: the battle between archeologists and American Indians. The 1996 discovery, near Kennewick, Washington, of a 9000-year-old Caucasoid skeleton brought more to the surface than bones. The explosive controversy and resulting lawsuit also raised a far more fundamental question: Who owns history? Many Indians see archaeologists as desecrators of tribal rites and traditions; archaeologists see their livelihoods and science threatened by the 1990 Federal Reparation Law, which gives tribes control over remains in their traditional territories. In this work, Thomas charts the riveting story of this lawsuit, the archaeologists' deteriorating relations with American Indians, and the rise of scientific archaeology. His telling of the tale gains extra credence from his own reputation as a leader in building co-operation between the two sides.

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

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.

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed world in which justice is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piche, the book is divided into four themes: * Prisons and Racism * Prisons and Settler Colonialism * Anti-Carceral Feminisms * Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms.

This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states-Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.

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

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed world in which justice is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piche, the book is divided into four themes: * Prisons and Racism * Prisons and Settler Colonialism * Anti-Carceral Feminisms * Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms.

Around one in five prisoners report the previous or current incarceration of a parent. Many such prisoners attest to the long-term negative effects of parental incarceration on one's own sense of self and on the range and quality of opportunities for building a conventional life. And yet, the problem of intergenerational incarceration has received only passing attention from academics, and virtually little if any consideration from policy makers and correctional officials. This book - the first of its kind - offers an in-depth examination of the causes, experiences and consequences of intergenerational incarceration. It draws extensively from surveys and interviews with second-, third-, fourth- and fifth-generation prisoners to explicate the personal, familial and socio-economic contexts typically associated with incarceration across generations. The book examines 1) the emergence of the prison as a dominant if not life-defining institution for some families, 2) the link between intergenerational trauma, crime and intergenerational incarceration, 3) the role of police, courts, and corrections in amplifying or ameliorating such problems, and 4) the possible means for preventing intergenerational incarceration. This is undeniably a book that bears witness to many tragic and traumatic stories. But it is also a work premised on the idea that knowing these stories - knowing that they often resist alignment with pre-conceived ideas about who prisoners are or who they might become - is part and parcel of advancing critical debate and, more importantly, of creating real change. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about more about families in prison.

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.