2007 Ruth Shonle Cavan Young Scholar Award presented by the American Society of Criminology

2007 American Society of Criminology Michael J. Hindelang Award for the Most Outstanding Contribution to Research in Criminology

By comparing how adolescents are prosecuted and punished in juvenile and criminal (adult) courts, Aaron Kupchik finds that prosecuting adolescents in criminal court does not fit with our cultural understandings of youthfulness. As a result, adolescents who are transferred to criminal courts are still judged as juveniles. Ultimately, Kupchik makes a compelling argument for the suitability of juvenile courts in treating adolescents. Judging Juveniles suggests that justice would be better served if adolescents were handled by the system designed to address their special needs.

The Devil's Advocate, a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do's and Don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. The Devil's Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate. Iain Morley QC is twenty years call in well-known London criminal chambers, prosecuting and defending in the Crown Courts, including many high-profile serious crime cases. He has taught advocacy skills pro bono to the Inner Temple juniors, written much of the teaching materials, and taught the teachers - including Silks and Judges. * Presents the leading book on advocacy, bridging the gap between reading about advocacy and how you actually do it* Written in a no-nonsense and engaging style to bring a fresh approach to studying advocacy * Explains the art of persuasiveness, how to make convincing speeches, and effective cross examination * Describes well-established techniques and exercises used in court for constantly improving questioning and witness control * Offers punchy advice and insightful comments on all of the necessary skills and processes involved in advocating * Uses examples throughout to illustrate key points and aids knowledge retention * Includes a new chapter on the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up, such as the need for simultaneous translations

Internationally recognized for his breakthrough thinking and action related to conflict on all levels, Lederach offers a hopeful and workable approach to conflict, from those that harm interpersonal relationships to those which overtake warring nations.
This clearly articulated statement offers a hopeful and workable approach to conflict-- that eternally beleaguering human situation.
John Paul Lederach is internationally recognized for his breakthrough thinking and action related to conflict on all levels--person-to-person, factions within communities, warring nations. He explores why "conflict transformation" is more appropriate than "conflict resolution" or "management." But he refuses to be drawn into impractical idealism.
Conflict Transformation is an idea with a deep reach. Its practice, says Lederach, requires "both solutions and social change." It asks not simply "How do we end something not desired?," but "How do we end something destructive and build something desired?" How do we deal with the immediate crisis, as well as the long-term situation? What disciplines make such thinking and practices possible?
A title in The Little Books of Justice and Peacebuilding Series.

Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary - both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice - is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.

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.

In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system. Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.

The Lawyers' Guide to Personal Injury Law is an instructional textbook for attorneys who want to become experts in the field of negligence law. The book provides a comprehensive analysis of the law in a multitude of areas within the field, including the various types of construction accidents, motor vehicle accidents, premises accidents, and more. The Lawyers' Guide to Personal Injury Law also provides a detailed roadmap - from intake through trial - to successfully litigating each of these claims and, ultimately, maximizing monetary compensation for accident victims and their families.

This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in "internal" EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.

Experts occupy a unique position in the litigation process. The law and the courts give them automatic authority and credibility at the outset. But the greatest challenge for experts as they navigate the court process is to preserve that high level of credibility going forward. In The Expert Expert, author Douglas L. Field presents detailed information to help an expert professional become an effective witness-and keep intact one's reputation as a capable and credible expert witness.

Geared toward physicians, architects, accountants, engineers, and many other professionals, The Expert Expert contains a comprehensive discussion of all aspects of professional expert witness practice-from the history of experts in court to current practices. It discusses how to

understand the anatomy of a tort case;

write a good expert report;

contend with contention;

deal with the opposing attorneys' questions;

give a good deposition;

succeed at trails;

avoid common pitfalls;

ensure getting selected;

deal effectively with social media; and

handle financial and money issues.

Including helpful and meaningful illustrations, The Expert Expert offers everything that either the veteran or aspiring expert needs to attain and maintain success as a professional expert witness.

This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts' roles in protecting fundamental rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law. Contributors include: M. Claes, M. de Visser, M. de Werd, M. Wind, B. de Witte, T. Evas, M. Gorski, C. Hermanin, U. Jaremba, J.A. Mayoral, D. Piqani, K. Podstawa, R. Raffaelli, U. Sadl, A. Tatham, A. Torres Perez

This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

This book offers a comprehensive introduction to China's judicial administration system. It presents in-depth analyses of the country's current judicial administration system, as well as a new theory on the system that is based on the realities of today's China, and provides guidance on reform. The book examines the system as a whole, as well as various specific aspects of judicial administration, putting forward bold theoretical proposals for improving China's judicial administration system and judicial system in general.

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges. Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk

Originally published: Washington, D.C.: BNA Incorporated, 1961. iii (New Introduction), xvi, 506 pp. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented.
Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding.
In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments.
Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis."
AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated.
"To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court () This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field."
--from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court
"Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way."
-- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148.
"This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page."
--Bryan A. Garner
Frederick Bernys Wiener 1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history.

When the Cabazon Band of Mission Indians--a small tribe of only 25 members--first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America.

Ralph Rossum explores the origins, arguments, and impact of "California v. Cabazon Band of Mission Indians," the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades.

Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings.

In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished.

As Rossum shows, "Cabazon" also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

The new trend in problem-solving courts-specialized courts utilized to address crimes not adequately addressed by the standard criminal justice system-is examined in this thorough and insight-filled book. At least since the late 1980s, with the development of the first drug court in Dade County, Florida, the justice system has undergone what some believe is a revolution-the movement toward problem-solving courts. Problem-Solving Courts: Justice for the Twenty-First Century? provides a concise, thorough, well-documented, and balanced foundation for anyone interested in understanding this phenomenon. Detailing the "promise and potential perils" of problem-solving courts, the authors represented here examine the development of the problem-solving court movement, the rationale for the courts, the approaches they take, and their anticipated benefits and potential pitfalls. Using case examples and looking at various types of problem-solving courts, the book offers "foundational" information about the specific types of problem-solving courts, their goals and philosophies, their organization and operation, their variation in structure and procedures, and the extensiveness of the court. It draws conclusions about the relative merits or disadvantages of such courts and considers prospects for the future.

"The latest edition of Smith and Keenan's English Law cannot fail to impress once again. This comprehensive introductory law text is a dependable companion for every non-law student and layman alike. The new authors are to be commended for successfully carrying on the tradition upon which the book's excellent reputation was built." Andrea Cerevkova, Senior Lecturer in Law, Edge Hill University. "Smith and Keenan's English Law is the most comprehensive text on English law available on the market. Suitable for students at all levels." Lachmi Singh, University of the West of England Have you ever wondered what exactly constitutes an unwritten constitution? What your rights are as an employee? When a contractual agreement is binding? Well-known for its uniquely comprehensive coverage of the legal system and the main, substantive areas of English law, Smith and Keenan's English Law is the definitive introduction to the law of the land and an all-purpose reference guide for students and professionals alike.