Emotions impact any practitioner of dispute resolution; yet, there are very few programs with courses that explore the emotional side of disputes. In Mediation, Conciliation, and Emotions, Peter Ladd outlines the emotions found in disputes and how these emotions function in dispute resolution. The book is divided into two parts: emotions and mediation, and emotions and conciliation. These parts examine the phenomenon of mediation, how to control emotions during mediation sessions, and how different disputes require different modes of emotional reconciliation. Mediation, Conciliation, and Emotions offers practical advice and information about the role of emotions in dispute resolution. It is an indispensable tool for practitioners of dispute resolution. Author Peter Ladd has developed a computer program which simplifies scoring of the "Emotional Climate Inventory" offered in the book's Appendix. This program can be accessed via St. Lawrence University Graduate School of Education's website at www.stlawu.edu/education.

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: * the fundamentals of law and the English legal system; * contract, business, tort and property law; * procurement, subcontracting and partnering; * claims, damages, losses and expenses; * dispute resolution including mediation, arbitration, litigation and adjudication. The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

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.

This groundbreaking book analyzes the decisions made by the United States circuit courts over the past half century. These courts have a profound impact on the law - they issue many more decisions in many more areas of law than the Supreme Court. Cross demonstrates that while the courts' judges are influenced by ideology and by the appointing president, legal requirements exercise a much stronger influence on their decisions. He also shows that these courts are independent of the other branches of government and free from undue influence of various parties. The book further introduces new research on the precedent-setting power of decisions.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. Though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases. Sovereign Equality and Moral Disagreement accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.

Accompanied by a podcast called "The Cannabis Criminology Podcast." As a limited series podcast, the authors will review key aspects of the book and interview scholars and activists working in this area. Very timely as the (potential) legalisation of cannabis has received much attention across the globe in recent decades/years, and this interest is set to continue for many years to come. Most research tends to focus on drugs as a whole, whereas this book focus solely on cannabis, and as such offers the depth needed to grasp the topic more effectively. Fits into several topics/modules within criminology, sociology, law, drug policy and public health. Comprehensive in its coverage, exploring history, frameworks of analysis, evidence to date, key initiatives, and providing examples from relevant jurisdictions.

- Clear and concise explanation of key principles, this is an ideal text for anyone taking the SQE1. - Includes practice questions in the text, and multiple choice questions online - together, the book will allow SQE candidates to practice the skills needed to pass the SQE exam. - One of a wider series of SQE1 textbooks.

Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.

In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. Each chapter covers one general thematic topic and weaves a narrative from memoirs, letters, diaries, and newspaper accounts by the Justices, their spouses and children, court reporters, clerks, oral advocates, court staff, journalists, and other eyewitnesses. These accounts allow readers to feel as if they are squeezed into the packed courtroom in 1844 as silver-tongued orator Daniel Webster addresses the court; eavesdropping on an exasperated Oliver Wendell Holmes, Jr., in 1930 as he snaps at a clerk's critique of his draft opinion; or sharing a taxi with future Chief Justice John G. Roberts, Jr., in 2005 as he rushes home from the airport in anticipation of a phone call from President Bush offering him the nomination to the Supreme Court. This entertaining and enlightening tour of the Supreme Court's colorful personalities and inner workings will be of interest to all readers of American political and legal history.

Next to a tax audit, one of the most daunting events in life has to be a legal deposition. The nervousness you felt when you learned you were to be called to testify, turns to absolute panic when you walk into a room full of lawyers, court stenographers, and opponents in the legal proceedings. You know that anything and everything you say will be examined under a microscope and that any inconsistencies or misstatements may lead to costly consequencies. Yes, there is a reason for that quiver in your voice. Finally, there is some help. Fred Friedberg, a noted lawyer in a corporate practice, offers an easy to read, concise, and helpful handbook for those who are facing a legal deposition. It takes them step by step through the process, from the basic ground rules to the follow-up. It covers the many "dos and don'ts" in plain language, and with the aid of humor explores the pitfalls and mistakes that you will face and how to avoid them. When you are finished reading it you will be able to face the process with the confidence that comes from understanding. In our litigious society, thousands of people face this ordeal every year. This book is designed for them. Every law firm in the country should have copies available for their clients.

A MURDER HE CAN'T FORGET. A CASE ONLY SHE CAN SOLVE. 'OUTSTANDING' IAN RANKIN Amazon Best 100 Books of The Year Barnes & Noble Best Books of The Year Top Ten Best Thrillers of the Year - Washington Post * * * * * Daisy Clayton's killer was never caught. In over ten years, there has been no breakthrough in her murder case. Detective Renee Ballard has faced everything the LAPD's notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she'd never met Harry Bosch - an ex-homicide detective consumed by this case. Soon, she too will become obsessed by the murder of Daisy Clayton. Because Ballard and Bosch both know: every murder tells a story. And Daisy's case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth to light... * * * * * CRIME DOESN'T GET BETTER THAN CONNELLY. 'One of the world's greatest crime writers' Daily Mail 'Crime thriller writing of the highest order' Guardian 'A terrific writer with pace, style and humanity to spare' The Times 'America's greatest living crime writer' Daily Express 'The pre-eminent detective novelist of his generation' Ian Rankin 'A master' Stephen King 'A genius' Independent on Sunday 'A superb natural storyteller' Lee Child 'One of the great storytellers of crime fiction' Sunday Telegraph 'Justly regarded as one of the world's finest crime writers' Mail On Sunday 'No one writes a better modern thriller than Connelly' Evening Standard

This collection explores the stakes, risks and opportunities invoked in opening and exploring law's archive and re-examining law's evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law's work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law's evidence. Within socio-legal discourse, the move towards 'open justice' has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

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Read the Introduction.

"Lee's book is a compelling and well-informed analysis of the issues raised when courts confront questions of reasonableness in high-profile, headline-grabbing cases."
-- "Choice"

"Lee challenges readers to question the concept of 'reasonableness' and how it has been applied. . . Scholars, students, professionals and the educated public will appreciate the careful, well-documented argument and pertinent examples."
--"Library Journal"

"Ms. Lee offers an extended argument for reforming the provocation doctrine by requiring judges and jurors to reflect more carefully about the reasonableness of the defendant's behavior."
--"The Chronicle of Higher Education"

aEven readers who do not view Leeas recommendations through a theoretical lens will be drawn to Leeas suggestions as practical solutions to the complicated social norms problem she has identified."
--"Michigan Law Review"

"Provocative and persuasive. In this well-written and meticulously documented book, Cynthia Lee demonstrates how the law has defined 'reasonableness' in criminal law to favor men against women, straight men against gay men, and whites against blacks. Lee's synthesis of many seemingly different examples, with thoughtful responses to the various objections that might be raised, is legal scholarship that can make a difference in our social practices. This is a serious and compelling book that should lead to reform."
--Frank H. Wu, author of "Yellow: Race in America beyond Black and White"

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a "bad" neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found "not guilty"; the first two use the defense of provocation, while the third argues he used his gun in self-defense.

Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses--the doctrines of provocation and self-defense--enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color.

Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.

Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.

Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.

Winner of the 2017 British Society of Criminology Book Prize The penal voluntary sector and the relationships between punishment and charity are more topical than ever before in countries around the world. In recent years in England and Wales, the sector has featured significantly in both policy rhetoric and academic commentary. Penal voluntary organisations are increasingly delivering prison and probation services under contract, and this role is set to expand. However, the diverse voluntary organisations which comprise the sector, their varied relationships with statutory agencies and the effects of such work remain very poorly understood. This book provides a wide-ranging and rigorous examination of this policy-relevant but complex and little studied area. It explores what voluntary organisations are doing with prisoners and probationers, how they manage to undertake their work, and the effects of charitable work with prisoners and probationers. The author uses original empirical research and an innovative application of actor-network theory to enable a step change in our understanding of this increasingly significant sector, and develops the policy-centric accounts produced in the last decade to illustrate how voluntary organisations can mediate the experiences of imprisonment and probation at the micro and macro levels. Demonstrating how the legacy of philanthropic work and neoliberal policy reforms over the past thirty years have created a complex three-tier penal voluntary sector of diverse organisations, this cutting-edge interdisciplinary text will be of interest to criminologists, sociologists of work and industry, and those engaged in the voluntary sector.

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the GovernmentAmerica Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law.
Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.

Focusing on the relationship between the micro level of perpetrator motivation and the macro level normative discourse, this book offers an in-depth explanation for the perpetration of genocide. It is the first comparative criminological treatment of genocide drawn from original field research, based substantially on the author's interviews with perpetrators and victims of genocide and mass atrocities, combined with wide-ranging secondary and archival sources. Topics covered include: perpetration in organizations, genocidal propaganda, the characteristics of perpetrators, decision-making in genocide, genocidal mobilization, coping with killing, perpetrator memory and trauma, moral rationalization, and transitional justice. An interdisciplinary and comparative analysis, this book utilizes scientific methods with the objective of gaining some degree of insight into the causes of genocide and genocide perpetration. It is argued that genocide is more than a mere intellectual abstraction - it is a crime with real consequences and real victims. Abstraction and objectivity may be intellectual ideals but they are not ideally humane; genocide is ultimately about the destruction of humanity. Thus, this book avoids presenting an overly abstract image of genocide, but rather grounds its analysis in interviews with victims and perpetrators of genocide in Rwanda, Burundi, Uganda, Bosnia, Cambodia, Bangladesh, and Iraq. This book will be highly useful to students and scholars with an interest in genocide and the causes of mass violence. It will also be of interest to policy-makers engaged with the issues of genocide and conflict prevention.