Intended for use in courses on law and society, as well as courses in women 's and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Judging argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.

Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.

Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.

This book offers an innovative approach to studying 'judicial activism' in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State - judiciary, executive and legislature - and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.

This book examines the American television legal series from its development as a genre in the 1940s to the present day. Villez demonstrates how the genre has been a rich source of legal information and understanding for Americans. These series have both informed and put myths in place about the legal system in the US. Villez also contrasts the US to France, which has seen a similar interest in legal series during this period. However, French television representations of justice are strikingly different, as is the role of fiction in offering viewers the possibility of acquiring significant understandings of their legal system. The book will be an important addition to the study of popular culture and law and will interest legal scholars, sociologists, and media scholars.

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

This study offers a new theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict the longstanding assumption that only independent judges rule against the government of the day. Set in the context of Argentina, the study uses the tools of positive political theory to explore the conditions under which courts rule against the government. In addition to shedding new light on the dynamics of court-executive relations in Argentina, the study provides general lessons about institutions, instability, and the rule of law. In the process, the study builds a new set of connections among diverse bodies of scholarship, including US judicial politics, comparative institutional analysis, positive political theory, and Latin American politics.

Rhetoric scholars have articulated diverse approaches to both civil and human rights as political, ethical, and academic discourses. "Traditions of Testifying and Witnessing" initiates important interdisciplinary conversations within human rights rhetoric concerning the construction of rights knowledge, the role of advocacy, and politics of representations during acts of witnessing. Developing a conceptual framework for rhetorical inquiry into rights discourse, the collection of essays by established scholars demonstrates a range of approaches and subject matter. From textual analysis of AIDS politics and activism to theoretical discussions of the nature of rights rhetoric and confession, the book challenges many current assumptions about rights history and practices and still provides an introduction to the recent themes for classroom use. To encourage critical reflection on the assumptions, contentions, and implications of political representations and human rights, the editors have concluded the collection with a series of suggestive visual works without comment to prompt viewers' own engagement with them. This book was originally published as a special issue of Rhetoric Society Quarterly

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially other to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be.

Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels.

Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.

Alfredo Garcia, who has been both a prosecuting and a defense attorney in criminal processes, reviews the United States Supreme Court's interpretations of the Sixth Amendment--the right to a fair trial--as they have evolved since the 1960s. He determines that the Court, with a few notable exceptions, has demonstrated doctrinal inconsistency and has failed to adhere to the core values embedded in the amendment. Garcia argues that the functional and symbolic roles of the Sixth Amendment have been eroded, and that this is particularly evident in the three clauses that provide defendants the means to respond to charges and to be assured of fair process. The clauses considered specifically involve the right to counsel, the right to confrontation, and the right to compulsory process. The Supreme Court's emphasis in more recent years is perceived to be on efficiency rather than on protecting the ideal of a "fair trial." The six chapters cover the rights to counsel, to confrontation, to compulsory process, to a speedy trial, and to a jury trial, and the sometime conflict between a free press (First Amendment) and the Sixth Amendment assurance of a fair trial free of antecedent prejudicial publicity. This is a timely, much-needed, and substantive examination of the highest court's interpretations of a defendant's constitutional right to a fair, speedy trial.

Contemporary Corrections: A Critical Thinking Approach introduces readers to the essential elements of the US corrections system without drowning students in a sea of nonessential information. Unbiased and accessible, the text includes coverage of the history of corrections, alternatives to incarceration, probation/parole, race/ethnicity/gender issues in corrections, re-entry into the community, and more. The authors' unparalleled practical approach, reinforced by contemporary examples, illuminates the role corrections plays in our society. The authors have reinvigorated earlier work with additional content on international comparative data to increase our understanding of how prison officials in other nations have developed different types of responses to the problems that challenge every US correctional administrator, a new chapter on correctional personnel, and an integration of race and ethnicity issues throughout the book. Unrivaled in scope, this book offers undergraduates a concise but comprehensive introduction to corrections with textual materials and assignments designed to encourage students' critical thinking skills.

The Supreme Court is one of the most traditional institutions in America that has been an exclusively male domain for almost two hundred years. From 1981 to 2010, four women were appointed to the Supreme Court for the first time in U.S. history. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, analyzes the rhetoric of the first four women elected to the Supreme Court: Sandra Day O, Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Gutgold, s thorough exploration of these pioneering women, s rhetorical strategies includes confirmation hearings, primary scripts of their written opinions, invited public lectures, speeches, and personal interviews with Justices O, Connor, Ginsburg, and Sotomayor. These illuminating documents and interviews form rhetorical biographies of the first four women of the Supreme Court, shedding new light on the rise of political women in the American judiciary and the efficacy of their rhetoric in a historically male-dominated political system. Gutgold, s The Rhetoric of Supreme Court Women provides valuable insight into political communication and the changing gender zeitgeist in American poli

The Supreme Court is one of the most traditional institutions in America that has been an exclusively male domain for almost two hundred years. From 1981 to 2010, four women were appointed to the Supreme Court for the first time in U.S. history. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, analyzes the rhetoric of the first four women elected to the Supreme Court: Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Gutgold's thorough exploration of these pioneering women's rhetorical strategies includes confirmation hearings, primary scripts of their written opinions, invited public lectures, speeches, and personal interviews with Justices O'Connor, Ginsburg, and Sotomayor. These illuminating documents and interviews form rhetorical biographies of the first four women of the Supreme Court, shedding new light on the rise of political women in the American judiciary and the efficacy of their rhetoric in a historically male-dominated political system. Gutgold's The Rhetoric of Supreme Court Women provides valuable insight into political communication and the changing gender zeitgeist in American politics.

First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

View the Table of Contents.
Read the Introduction.

"In recent years, an expanding wave of law and criminal justice programs has emerged on American television. Elayne Rapping proves a masterful guide in her overview of a wide range of TV narrative fiction series, Court TV, talk shows, news, and other programs that deals with law, order, criminality, and justice, contextualizing TV crime and justice in the context of fierce political battles over these topics in the past decades of American history."
--Douglas Kellner, author of "Media Culture and Media Spectacle"

"Lively and engagingly written, it explores as Rapping writes, "an interplay of aesthetics, politics, and legal history [that] come together in complex and often contradictory ways. Anyone who has watched these shows will appreciate seeing them in a new way. Much of the enjoyment in reading the book comes from Rapping's ability to draw on a wide range of cultural and intellectual interests and present them in down-to-earth language."
--"Trial"

"Accessible and lucid."
--"www.sirreadalot.org"

""Law and Justice as Seen on TV" is deliberately provocative."
--"Akron Beacon Journal"

""Law and Justice as Seen on TV" provides a comprehensive and sophisticated look at the ways law appears nightly in the living rooms of millions of Americans. Combining valuable insights about the workings of the television industry with an insightful argument about the criminalization of American life, Elayne Rapping has made a distinctive contribution to interdisciplinary legal scholarship. Her work shows how valuable the analysis of popular culture can be in illuminating some of the most important legal and socialissues of our time."
--Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

Law and Justice as Seen on TV examines the impact, significance, and social and political problems raised by the enormous onslaught of law-related television programming, both fiction and nonfiction, in the years since the rise of live televised trials as major media events. The book weaves together the various strands--media history and analysis, legal history and policy, and the national turn to the political right in the last decades--which gave birth to this trend and has kept it thriving and growing, by leaps and bounds, to the present day.

Beginning with the history of courtroom drama on TV and its various contradictions and shifts, since the late 1940s to the present, the book analyzes the various entertainment series and genres that have so proliferated in recent years, giving special attention to such popular and influential series as "Law and Order" and "Cops." The second section begins by charting the complex and contested history of the coming of cameras to the courtroom and the way in which that legal decision led to televised trials and to the rise of Court TV. It examines as especially interesting and important the major trials--such as those of the Menendez brothers, O.J. Simpson, and Timothy McVeigh--which helped to shape the way television came to frame trials and their social implications for public consumption. From there it examines major social issues--gender violence, youth crime, family dysfunction, victims' rights which, with the rise of the courtroom as a major political and television arena, have come to be viewed largely aslegal issues to be discussed and determined in legal terms by Americans in general.

Accessible and lucid, Law and Justice as Seen on TV concludes with an examination of the broad implications of this social and cultural trend, closing with some thoughts about its expansion, on television and in the actual legal arena, during the "war on terrorism" in the wake of 9/11.

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.

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.

This book brings together an influential group of academics and researchers to review key areas of research, theory and methodology within criminology and criminal justice, and to identify the most important new challenges facing the discipline. The contributors focus on the three central themes of punishment and criminal justice, location and mobility, and perpetrators and criminal careers, on which much cutting edge research within criminology has been taking place. A particular strength of the book is its multidisciplinary and international approach, with contributors drawn from Europe, the UK and the United States.

The Supreme Court A to Z offers accessible information about the Supreme Court, including its history, traditions, organization, dynamics, and personalities. The entries in The Supreme Court A to Z are arranged alphabetically and are extensively cross-referenced to related information. This volume also has a detailed index, reference materials on Supreme Court nominations, a seat chart of the justices, the U.S. Constitution, online sources of decisions, and a bibliography to help simplify research. The fifth edition of The Supreme Court A to Z has been thoroughly updated to incorporate coverage of significant new cases and recent changes on the bench and includes more than 350 alphabetized entries. Presented in an engaging reader-friendly design, this edition includes: Biographies of recently appointed Associate Justices Elena Kagan and Sonia Sotomayor, plus revised biographies for recently retired Associate Justices David Souter and John Paul Stevens Updated entries on key issues and concepts, including abortion, campaigns and elections, civil rights, class action, due process, freedom of the press, reapportionment and redistricting, school desegregation, and war powers A new entry on media and the Court, which highlights the Court's online presence New feature boxes on 2011 decisions Updated seat charts of the justices, online sources for finding decisions, and a selected bibliography An appendix with historic milestones of the Court The Supreme Court A to Z is part of CQ Press's five-volume American Government A to Z series. The series is useful to anyone who has an interest in national government and politics.

In recent decades, the U.S. Supreme Court has taken on an increased political prominence, due largely to such controversial issues as abortion, the separation of church and state, and civil rights. Because such issues could be affected by a Court member's personal beliefs and experiences, the question of how race, religion, and gender influence Supreme Court appointments is a crucial one. In this work, Barbara Perry explores the impact of these factors on the Court, placing the presidential nominations in their historical and political contexts. She examines the question of whether justices should be chosen in order to create a representative court that reflects elements in American society.

The book is based on both primary and secondary sources, including interviews with seven members of the Court. Following a detailed introduction, Perry provides a historical analysis of the appointments of eight Catholics, five Jews, one black, and one woman, revealing a link between the appointments and the political, social, electoral, and demographic contexts in which they were made. She traces the decline in importance of the religious factor, as the ascendence of religious groups in mainstream politics no longer made it necessary for presidents to maintain a representative Court position. Representative considerations, however, will continue to play a role in the selection process, and Perry argues for a reconciliation between the undeniable pull of politics and ideology and the demands for merit-based appointments. This work will add an important new perspective to studies of the Supreme Court, as well as to the study of law, political science, and American history.

A[a�?The notion . . . that miscarriages of justice are not simply idiosyncratic instances, but are rather part of the ordinary machinery of law, is a crucial insight, one that deserves this kind of book-length treatment.A[a�?
--James MaMartell, author of "Subverting the Leviathan: Reading Thomas Hobbes as a Radical Democrat"

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system.

The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion.

When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in thelawA[a�a[s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system.

Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge's choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.