Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents.
Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies.
This book succeeds the highly successful third edition of Prisoners' Self-Help Litigation Manual. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights.
To litigate effectively, several features of the book are designed to make finding information easy. A detailed Table of Contents and Index make for effortless access to specific information within the chapters, which are conveniently divided into smaller sections and subsections. Each page contains Footnotes with authoritative case citations, statutory references, and other necessary information. Additionally, the manual provides a Table of Cases, Forms, Sources of Assistance and other books and publications to further aid research.
Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and-not least-the Supreme Court itself.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

In Patching Up the Cracks Michael D. Grimes evaluates the American juvenile court system, specifically looking at its ability to address child abuse and neglect cases. This project is both a specific case study focusing on the Orleans Parish Juvenile Court in New Orleans, Louisiana, and a discussion of the need to examine the juvenile court system within its larger social and institutional context. Grimes persuasively argues that in order to better evaluate the potential for juvenile court reform, it is crucial to understand the health of the larger community environment within which the court system operates. The book begins with a chronological overview of the evolution of children's rights and a brief history of juvenile justice in America, culminating in a thoroughgoing assessment of its current status. Grimes concludes with a discussion of the need for more adequate studies-researchers and students will appreciate the discussion of his own research design and methodology-of the ways that juvenile courts treat dependency cases and the processes through which these courts can improve their performance.

In "What's Law Got to Do With It?," the nation's top legal scholars and political scientists examine to what extent the law actually shapes how judges behave and make decisions, and what it means for society at large.
Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to this book explore ways to reach greater accord on the complexity and nuance of judicial decisionmaking and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon.
As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work.

On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court's most controversial recent decisions - Hobby Lobby, Obamacare, gay marriage, and capital punishment - arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.

Originally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today.

Handbook on Punishment Decisions: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. This collection of essays and reports of original research defines disparity broadly to include the intersection of race/ethnicity, gender, age, citizenship/immigration status, and socioeconomic status, and it examines dimensions such as how pretrial or guilty plea processes shape exposure to punishment, how different types of sentencing decisions and/or policy structures (sentencing guidelines, mandatory minimums, risk assessment tools) might shape and condition disparity, and how post-sentencing decisions involving probation and parole contribute to inequalities. The sixteen contributions pull together what we know and what we don't about punishment decision-making and plow new ground for further advances in the field. The ASC Division on Corrections & Sentencing Handbook Series publishes volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or people with mental illness. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

Courts and Criminal Justice in Contemporary China is a study of Chinese judicial power as it is manifested in law-and-order campaigns and shame punishment. Dr. Sue Trevaskes examines today's court practices and their antecedents in China by exploring 'law on display' in local court trials, rallies, and campaigns. By emphasizing the justice system of the 1980s it becomes apparent how criminal court practices in this period set the foundation for practices into the Twenty-First Century. Trevaskes argues that many aspects of Chinese law, especially civil and economic law, have developed into modern and sophisticated systems of justice administration, criminal law has not. Courts and Criminal Justice in Contemporary China is suitable for graduate students and researchers of Asian Studies.

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.

Bail is a fundamental human right which measures society's democratic credentials. Taken alongside an increasing prison population, there is an urgent need to find alternatives to custodial remands which do not increase risks to the community. This important book evaluates a bail support scheme called the Effective Bail Scheme (EBS), which was the first such scheme directed at adults, and places its findings in the context of bail law and practice. Based on up-to-date research, this book will make a valuable contribution to an under-researched area and provide useful insights for policy makers and practitioners.

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been 'written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved'. This book will be of much interest to students of criminology and British history, politics and law.

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators' duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent "members of the court" will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators' duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman's substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Courts and Criminal Justice in Contemporary China is a study of Chinese judicial power as it is manifested in law-and-order campaigns and shame punishment. Dr. Sue Trevaskes examines today's court practices and their antecedents in China by exploring "law on display" in local court trials, rallies, and campaigns. By emphasizing the justice system of the 1980s it becomes apparent how criminal court practices in this period set the foundation for practices into the Twenty-First Century. Trevaskes argues that many aspects of Chinese law, especially civil and economic law, have developed into modern and sophisticated systems of justice administration, criminal law has not. Courts and Criminal Justice in Contemporary China is suitable for graduate students and researchers of Asian Studies.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

The criminal courts have the power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.
This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.

In the second edition of Murder as a Business Decision, a new chapter is added that covers aspects of additional real world planned homicide investigations. The new material covers investigations related to FBI undercover operation Strawman in Kansas City. Public record material is included and case investigations are described generically. Planned homicide investigations are analyzed and contrasted with economic based investigative techniques. There is an expanded analysis of whether FBI profiles are technically efficient in planned homicide investigation and a theory is developed that explains and predicts common observations related to FBI assistance in homicide investigation.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.