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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
This important new book examines the whole of the pre-trial phase of criminal investigation including the law relating to confessions, the right to silence, the admissibility of evidence obtained during pre-trial investigation and the highly charged issue of improperly obtained evidence. These are subjects which raise constant difficulties for the system of criminal justice in the United Kingdom, and elsewhere. As a consequence, there is much professional and academic interest in the subject.
Although a State s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
This sequel to the authors' Psychological Knowledge in Court offers a welcome expansion on key concepts, terms, and issues in causality, bringing much needed clarity to psychological injury assessments and the legal contexts that employ them. This book clearly explains what lawyers and clinicians need to understand about each other's work. Forensic practitioners and attorneys will turn to Causality of Psychological Injury as their professional paths increasingly cross in seeking comprehensive and state of the art information.
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Thurgood Marshall was an Associate Justice of the US Supreme Court from 1967 to 1991. He was the first African American to hold that position, and was one of the most influential legal actors of his time. Before being appointed to the Supreme Court by President Lyndon Johnson, Marshall was a lawyer for the National Association for the Advancement of Colored People (NAACP), Federal Judge (1961-1965), and Solicitor General of the United States (1965-1966). Marshall won twenty-nine of thirty-two cases before the Supreme Court - most notably the landmark case of Brown v. Board of Education, which held segregated public schools unconstitutional. Marshall spent his career fighting racial segregation and legal inequality, and his time on the court establishing a record for supporting the "voiceless American." He left a legacy of change that still affects American society today. Through this concise biography, accompanied by primary sources that present Marshall in his own words, students will learn what Marshall did (and did not do) during his life, why those actions were important, and what effects his efforts had on the larger course of American history.
1.Whereas many of the competing books focus on prisons, fewer focus on the concept of punishment, and its social and political context. 2. This book has a multi-disciplinary market across criminology, sociology and soco-legal studies. 3. This book is well-suited for upper level courses on punishment and penology, prisons and the criminal justice system.
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider's perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions - an important aspiration of transitional processes - is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.
First published in 1992, Crime, Criminal Justice and the Probation Service is a thought-provoking analysis of the role of the probation service in developing an integrated system of criminal justice. Robert Harris provides readable information about our knowledge of such areas as criminal statistics, victims, fear of crime and crime prevention. He also explores the treatment of women and ethnic minorities by the criminal justice system, the question of a sentencing council and the future of community corrections. A central theme is that all the professionals involved in the criminal justice system must work more closely together so that the mistakes of the past can be avoided in the future. The book therefore has a wide appeal not only to probation officers and social workers, but also to criminal justice professionals and administrators, including the police and the legal profession.
* Includes over 1050 full-color photographs, diagrams, and illustrations throughout * Presents the step-by-step processes for current and accepted best practices for photography in nearly every applicable forensic context * The most up-to-date and comprehensive book available on the market for forensic photography * Examines traditional and, primarily, digital photography and the changing landscape of photography in a forensic context. * Contributed to by more than 40 professionals with real-world-hands on forensic photography experience in a variety of scenarios
This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.
This book provides a useful overview of the latest research into the interaction between psychology and the courts. Leading scholars and practitioners review recent research and practice in a number of principal areas: * adolescents in the legal system * the role of juries * competency to stand trial * conditional release * eyewitness evidence and testimony * the role of the victims.
Aims to provides a highly accessible, yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award - including enforcement and appeals. Comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered, including a seperate chapter covering special types of arbitration such as consumer schemes and arbitration under statute. Written in simple non-legalistic language and intentionally general in its coverage, this book should be of relevance to arbitration matters in whatever trade and profession it is practiced. It may be of particular interest to students taking CIArb examinations, exempting courses for CIArb exams, and those pursuing more general arbitration courses at university or other colleges of higher education.
While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research-the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.
A successor to the popular The Psychiatrist in Court: A Survival Guide, The Mental Health Professional in Court has expanded the scope of the earlier book to include other professionals in the field. The authors have thoroughly updated the text, and provided a comprehensive coverage of legal processes. This book equips the mental health professional with a hands-on, practical working knowledge of what to expect -- and how to survive -- in the courtroom and the legal system. The book includes many helpful features: - An informal, user-friendly writing style that is accessible, reassuring, and empowering, and a succinct presentation that helps the reader achieve mastery of the material quickly and efficiently -- a boon when prepping for a court appearance- A practical, rather than theoretical, approach to issues, with examples from literally hundreds of actual cases and countless consultations with peers and colleagues on how to deal with the legal system- A thorough understanding of the book's audience. Because the authors understand that most mental health professionals' knowledge about going to court comes from television and movies, the book addresses the many deeply embedded misperceptions and distortions perpetuated by the media, taking the reader from rudimentary information about the legal system to more sophisticated topics, such as the different approaches to testifying.- An indispensable legal glossary keyed to the text, which enhances understanding of courtroom terminology- Other beneficial features, such as key points at the end of each chapter, which provide easy-to-locate summaries, and additional appendices, which outline the legal system and provide suggested readings. No one wants to appear in court, but in some cases it may be unavoidable. Brief enough to assimilate quickly, yet comprehensive in scope, The Mental Health Professional in Court: A Survival Guide is a reassuring and eminently useful guide designed to help the witness navigate the legal system.
This book offers in-depth insights on the struggles implementing the rule of law in nineteenth century Ceylon, introduced into the colonies by the British as their "greatest gift." The book argues that resistance can be understood as a form of negotiation to lessen oppressive colonial conditions, and that the cumulative impact caused continual adjustments to the criminal justice system, weighing it down and distorting it. The tactical use of rule of law is explored within the three bureaucracies: the police, the courts and the prisons. Policing was often "governed at a distance" due to fiscal constraints and economic priorities and the enforcement of law was often delegated to underpaid Ceylonese. Spaces of resistance opened up as Ceylon was largely left to manage its own affairs. Villagers, minor officials, as well as senior British government officials, alternately used or subverted the rule of law to achieve their own goals. In the courts, the imported system lacked political legitimacy and consequently the Ceylonese undermined it by embracing it with false cases and information, in the interests of achieving justice as they saw it. In the prisons, administrators developed numerous biopolitical techniques and medical experiments in order to punish prisoners' bodies to their absolute lawful limit. This limit was one which prison officials, prisoners, and doctors negotiated continuously over the decades. The book argues that the struggles around rule of law can best be understood not in terms of a dualism of bureaucrats versus the public, but rather as a set of shifting alliances across permeable bureaucratic boundaries. It offers innovative perspectives, comparing the Ceylonese experiences to those of Britain and India, and where appropriate to other European colonies. This book will appeal to those interested in law, history, postcolonial studies, cultural studies, cultural and political geography.
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 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.
'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.
'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.
Offering rare insiders' perspectives, Trends in Corrections: Interviews with Corrections Leaders Around the World is a comprehensive survey of correctional programming and management styles used across nations. Twelve chapters present transcribed interviews of corrections leaders along with a brief portrait of the corrections system in those jurisdictions. The leaders interviewed represent a variety of cultures, political environments, and economic systems and come from North America (Canada, Mexico, and the United States), Asia (Singapore), Australia, the Caribbean (Trinidad and Tobago), and Europe (England, Hungary, and Bosnia-Herzegovina). Topics discussed in this insightful collection of interviews include: Working conditions for correction officers How governmental changes can impact a prison system Overcrowding problems and efforts to modernize prisons Recidivism concerns and programs that facilitate offender reintegration into society upon release Effects of the media's portrayal of prisons on communities The final chapter reflects on the interviews and summarizes the common themes evident throughout the book. Advancing knowledge about corrections systems worldwide, this volume bridges the gap of knowledge that exists between scholars and researchers in academia and practitioners in the field. The candid discussions presented herein are destined to open further dialogue among these professionals, adding value to current operations and informing future directions.
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.
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.
With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings-of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts. |
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