This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Hacker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

This is the only book from the perspective of the defendant who emerged victorious. It features reviews on book pages of national newspapers, and in history magazines. Deborah Lipstadt chronicles her five-year legal battle with David Irving that culminated in a sensational trial in 2000. In her acclaimed 1993 book "Denying the Holocaust", Deborah Lipstadt called David Irving, a prolific writer of books on World War II, "one of the most dangerous spokespersons for Holocaust denial", a conclusion she reached after closely examining his books, speeches, interviews, and other copious records. The following year, after Lipstadt's book was published in the UK, Irving filed a libel suit against Lipstadt and her UK publisher, Penguin. Lipstadt prepared her defence with the help of first-rate team of solicitors, historians, and experts. The dramatic trial, which unfolded over the course of 10 weeks, ultimately exposed the prejudice, extremism, and distortion of history that defined Irving's work. Lipstadt's victory was proclaimed on the front page of major newspapers around the world, with the "Daily Telegraph" proclaiming that the trial did "for the new century what the Nuremberg tribunals or the Eichmann trial did for earlier generations." Part history, part real life courtroom drama, "History On Trial" is Lipstadt's riveting, blow-by-blow account of the trial that tested the standards of historical and judicial truths and resulted in a formal denunciation of a Holocaust denier, crippling the movement for years to come.

This text explores the role and work of China's supreme court - the Supreme People's Court - focusing especially on the court's role in the struggle concerning the establishment of the rule of law in China's judicial system. It discusses the differing positions of those who favour 'the rule of law' option, where there is organizational separation of legislature and judicial responsibility, and those who argue for the retention of China's present system where judges and the courts are subordinate to the Party and who are concerned by any increase in the court's independent interpretative activities.

* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.

This book examines the extent to which criminal desistance - 'the change process involved in the ending of criminal behaviour' - is affected by personal and social circumstances which are place specific. Grounded in criminological spatial analysis, as well as more general social scientific investigations of the role of space and place in contemporary social, economic and cultural life, it examines why large numbers of prisoners in the United States and the United Kingdom appear to be drawn from - and after release return to - certain urban neighbourhoods. In doing so Criminal Behaviour in Context assesses the effect of this unique life course experience on the pathways and choices open to ex-prisoners who attempt to give up crime. Including new data on the geographical distribution of offenders, interviews with serving prisoners, and drawing on theories about social context, identity and subjectivity, it discusses the implications of the evidence and arguments presented for prisoner reintegration policy and practice.

This book examines how young men between the ages of 18 and 21 make the transition to prison life and how they adapt practically, socially and psychologically. Based on extensive research in Feltham Young Offenders Institution, this book examines in particular the role of social support, both inside and outside prison, in relation to their adaptation, along with the constructs of trust, locus of control, and safety. It concentrates both on the successful adaptation to prison life and on the experience of individuals who have difficulties in adapting; it pays special attention to those who harm themselves whilst in prison. It is the first study to provide an in-depth account of the psycho-social experience of imprisonment for young adults. Understanding this early stage of imprisonment is of major importance to policy makers and practitioners in the light of the fact that up to a half of completed suicides occur within the first month in prison.

Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

1. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.

Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.

This book examines the role of courts in times of transition. The book focuses on judicial experiences from the Iberoamerican region, in particular Argentina, Chile, Colombia, Spain and Guatemala, exploring the extent to which national courts have been able to shoulder the task of investigating and prosecuting grave crimes such as genocide, crimes against humanity and war crimes, committed in the context of a previous repressive rule or current conflict. The volume contains contributions from judges, prosecutors, and scholarly experts in the region. It offers first-hand experiences and expert findings on crucial issues surrounding the role of the courts including: balancing principles of justice and fundamental concerns about legality and non-retroactivity; security problems facing courts in conflict situations; the immense case load; the role of regional and international courts in aiding their national counterparts; and the cooperation between different and overlapping jurisdictional competences. The book also draws attention to the way in which regional and international courts have come to contribute to the initiation of national judicial processes, above all, through international standard-setting and pressure. It goes on to articulate a philosophical critique of the dominant understandings of transitional justice because it has not paid sufficient attention to criminal justice. In this context, the volume outlines an alternative conceptualisation that seems better equipped to both explain the recent developments towards the judicialization' of transitional justice politics while, at the same time, also insisting on the continued need for caution and critical reflection on the role of courts in times of transition.

Plea bargaining avoids a lengthy and costly criminal trial and thus enables courts to deal with a large number of cases very quickly. While it has often been argued that modern criminal justice systems cannot afford to abolish plea bargaining, academics long have criticised it for undermining the rule of law by avoiding procedural safe-guards. This book analyses plea bargain in different families of law, and drawing on these findings ask to what extent this practice should be developed in international criminal law. The book analyses the relationship between values and practice in modern criminal justice systems through the example of plea bargaining comparing the development and practice of plea bargaining in different systems. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court.

What do I do now? Every mediator asks themselves this. Answering 50 common ethical, practical and technical problems that arise at mediations, with key practice points highlighted in Q&A format. Topics include: Impartiality: You arrive at the mediation and suddenly realise that you know one of parties. What do you do? Joint Opening Sessions: One side wants one the other doesn't. What do you do? Bad behaviour: One party is secretly recording the mediation. What do you do? Offers: Neither side will make an offer. They both say they want to hear from the other side first. What do you do? Stages covered: Pre-mediation At the mediation The End of the Mediation and After Each entry includes: The core issues behind the question Case studies of authentic, anonymized, true-life examples The ethical, legal, procedural and commercial issues highlighted and explained in straightforward language Advice on your options: proven tips for immediate use Checklists, sample emails, scripts and templates. Cross-references to cases, protocols, codes of conduct.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

Corrections: A Critical Approach (third edition) confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos.

Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) as well as expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration.

Covering five main areas of inquiry penal context, penal populations, penal violence, penal process, and penal state this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include diagrams at the start of chapters to summarise the key points, structured heading levels to allow for clear recall of the main facts, and charts and tables to break down more complex information. New to these editions is an improved text design making the books easier to read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.ukwhere you will find extensive revision materials including multiple choice questions in addition to a questions and answers section.

Understanding prisons and the policies surrounding them is of fundamental importance to students and practitioners of criminology and related fields. This concise and accessible guide offers a compendium of key information, theories, concepts, research and policy, presenting a rounded and critical overview of the prison system in England and Wales. Covering the historical and contemporary context of prisons, the text guides the reader through the work of prison officers, a tour of international prisons and how prison life is experienced by different groups, such as women. Focusing on the experiences of stakeholder groups and the themes of power, legitimacy and rehabilitation, the book concludes with an overview of the future challenges for prisons. Each chapter includes key learning features: • end of chapter questions; • definitions of key terms and concepts; • examples and illustrative case studies; • learning outcomes; • summary boxes of major research studies and further reading.