This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

The second edition of Democracy for All: Educator's Manual is aimed at young people, adults, students and teachers. The books explain how the international community understands democracy, and explores what democracy means to each of us. Democracy for All also explains how government works in a democracy, how the abuse of power is checked, how human rights support democracy, how democratic elections take place, and how citizens can participate in democracy. The objectives of the book are: To improve students' understanding of the fundamental principles and values underlying democracy in society; To promote awareness of the current issues and controversies relating to democracy; To show students that their participation can make a difference to how democracy functions in their country; To foster justice, tolerance and fairness; To develop students' willingness and ability to resolve disputes and differences without resorting to violence; To improve basic skills, including critical thinking and reasoning, communication, observation and problem-solving. Democracy for All uses a variety of student-centred activities, including case studies, role-plays, simulations, small-group discussions, opinion polls and debates. Democracy for All: Educator's Manual explains how the lessons in the Learner's Manual can be conducted and provides solutions to the problems.

Treat yourself to Second Helpings and more choice cuts in the style of Simon Brown's much lauded first volume of memoirs, Playing off the Roof & Other Stories. Exuberantly revisiting his early years in National Service, at Oxford and as a young barrister, Lord Brown recalls matters grave and trivial from his time at the Bar and on the Bench, along the way regaling us with tales of Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He also has something to say about the current legal scene and considers such thorny problems as the 2019 prorogation judgment and whether trial by jury might be dispensed with in order to clear a mounting backlog of criminal cases. Drawing witty lessons from a life of trials, Lord Brown finds time to muse on when a judge might choose to change a sentence already imposed, what to say after dinner and why the game of golf is strictly for the birds!

Is Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernandez Arroyo, F. Ferrari, H.A. Grigera Naon, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van Loon

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

Contemporary Issues in Mediation (CIIM) Volume 7 builds on the success of the past six volumes as a testament to a growing interest of authors and readers in the wide variety of issues related to mediation. With the entry into force of the Singapore Convention on Mediation in 2020, mediation is and will continue to be increasingly pertinent in the world of dispute resolution. Readers stand to benefit from a diverse range of topics selected for their high quality of research and novelty. CIIM Volume 7 explores the role of mediation in the post-pandemic era, providing interesting perspectives on issues ranging from victim-offender disputes in the community to the resolution of inter-state armed conflicts. Edited by Singapore's leading expert on mediation and negotiation and Chairman of Singapore International Mediation Institute, Professor Joel Lee; Country Manager (Singapore) for Lupl, Marcus Lim; and Managing Partner of CJ Liew & Co, Josephine Hadikusumo, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Negotiation, understood simply as "working things out by talking things through," is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of "interest-based negotiation" to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power-by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.

With contributions from some of the leading scholars in law and economics, this comprehensive book summarizes the state of economic research on litigation, procedure and evidence. Among the topics covered are the settlement negotiations; discovery; the incentive to sue; theories of legal evidence; evidentiary misconduct; and the privilege against self incrimination. A valuable reference tool for academics and post graduate students in law, business, and economics. Anyone with a general interest how legal process does and should work will also find much to interest them in this book. 'The second edition of Procedural Law and Economics is an expanded and updated collection that highlights new developments and reiterates older themes. The volume will be essential reading both for economists who want an introduction to a core legal subject, and for legal scholars seeking new insights into the such topics as settlement, fee shifting, and class actions.

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.

Despite 15 years of reform efforts, the incarceration rate in the United States remains at an unprecedented high level. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry two percent. Why are American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, author Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs," and because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reason sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change. Clearly identifies the real reasons that the wave of post-2000 sentencing reform has had minimal impact on reducing national imprisonment rates Explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye Enables readers to understand why increased consideration for the well-being of offenders and their families is likely a prerequisite to the acceptance of more fundamental changes to the U.S. sentencing system

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions. Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka