The Law Officer's Pocket Manual is a handy, pocket-sized, spiral-bound manual that highlights basic legal rules for quick reference and offers examples showing how those rules are applied. The manual provides concise guidance based on U.S. Supreme Court rulings on constitutional law issues and other legal developments, covering arrest, search, surveillance, and other routine as well as sensitive areas of law enforcement. It includes more than 100 examples drawn from leading cases to provide guidance on how to act in a wide variety of situations. The 2023 edition is completely updated to reflect recent court decisions. This book helps you keep track of everything in a readable and easy-to-carry format. Routledge offers tiered discounts on bulk orders of 5 or more copies: For more information, please visit: https://www.routledge.com/collections/16268

The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.

Public Interest Litigation in South Africa offers a collection of grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. This volume captures the legal narratives of those particular struggles in the hope that this will contribute to the broader, ongoing struggle for social justice. Part One of the book considers general themes relating to public interest litigation. These include its history, the development of the public interest sector and the impact and value of public interest litigation; the role of international law in public interest litigation; the ethics and politics of public interest litigation; and constitutional procedure. Part Two addresses public interest litigation in ten key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share some of what has been achieved in the courts, beyond the well-trodden landmark appellate decisions, as a contribution to informed and critical engagement with litigation as a tool for social change.

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

A unique reference work exploring the interaction of ever more pervasive media and the U.S. judicial system in the 20th century. At a time when two-thirds of local news is crime- or court-related, when Court TV broadcasts daily, and when one lurid case can push all other news aside, Media and American Courts: A Reference Handbook offers a much-needed examination of how the press and the judicial system interact. Despite the benefits (a better-informed public, judicial accountability), has expanded coverage of the courts in fact weakened our democracy? Media and American Courts approaches this question by exploring the cases, the personalities, and the controversies that have redefined the court/press relationship in the past century as the media expanded from print and radio to courtroom cameras, cable, and the World Wide Web. It also includes suggestions from legal and media experts for making court news more accurate, informative, and useful. Glossary definitions written in clear, layman's language describing the terms necessary for a full understanding of media coverage of the judicial system Biographical sketches of prominent courtroom journalists, lawyers, and judges such as F. Lee Bailey, Marcia Clark, and Johnny Cochran

In 1998, the first edition of Legal Drafting: Civil Proceedings was written to bridge the gap between the academic study of law and its practical application insofar as the preparation of court documents is concerned. Drawing on his experience in coaching pupils at the Bar, the author explains elementary matters and poses useful reminders to more experienced practitioners. The second edition of Legal Drafting: Civil Proceedings has been updated to address changes in the law. It now includes a section on the preparation of documents for arbitrations as well as an extended chapter on the all-important task of preparing heads of argument.

Das Buch vermittelt praxisbezogen die grundlegenden Prinzipien, Methoden und den Ablauf der erfolgreichen Mediation. Im Mittelpunkt stehen bewahrte Kommunikations- und Gesprachstechniken, Beginn und Durchfuhrung der Mediation, der Mediationsvertrag und die Abschlussvereinbarung sowie ein historischer Abriss. UEbersichten veranschaulichen die Struktur des Gesprachs im Mediationsverfahren; zahlreiche Praxisbeispiele, Checklisten und Formulierungshilfen erleichtern die Umsetzung. Die klare und ubersichtliche Darstellung ermoeglicht das schnelle und gezielte Nachschlagen zentraler theoretischer und praktischer Aspekte der Mediation. Ein auf die Phasen der Mediation bezogenes Sachverzeichnis ermoeglicht das Nachschlagen von Techniken und Checklisten, die zum jeweiligen Verfahrenszeitpunkt hilfreich sind. Das Buch richtet sich an Mediatoren in der Ausbildung ebenso wie an erfahrene Praktiker. Die 2. Auflage enthalt die relevanten Erganzungen des Mediationsgesetzes durch die ZMediatAusbV und Hinweise zur (Selbst-) Zertifizierung. Ein zusatzliches Kapitel widmet sich u.a. der Konfliktklarung in interkulturellen Kontexten und der Mediation bei Beteiligungsprozessen bei Veranderungen im Unternehmen. Auch die Herausforderungen des "internen Mediators" sowie der Mediation in geschlossenen Systemen wie etwa auf (Kreuzfahrt-) Schiffen oder Justizvollzugsanstalten werden berucksichtigt. Das Buch endet mit einem Ausblick auf Mediation im Kontext der Digitalisierung

An authoritative survey of the Taft Court, which served from 1921 to 1929, and the impact it had on the U.S. legal system, social order, economics, and politics. William Howard Taft's experience in the executive branch gave him a unique perspective on the court's work. He initiated judicial reform and was the prime mover behind the Judiciary Act of 1925, which gave the court wide latitude to accept cases based on their importance to the nation. The Taft Court decided about 1,600 cases during its nine terms. This book examines the "aggregate" personality of the court through discussions of individual voting characteristics, bloc alignments, and other patterned behavior. It also charts the strengths and weaknesses of the rulings and demonstrates Taft's penchant for increasing the impact of decisions by pursuing consensus among the justices, two of whom were his own appointees when he served as president. An A-Z set of entries on the people, laws, events, and concepts that are important to an understanding of the Taft Court A photograph of and a brief bibliography on each justice

A Historically Grounded Analysis and Defense of the Judiciary's Power to Override Legislation "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. (...) He does not rest his case here, but proceeds with a discussion of other evidence in support of his position. (...) It is to be hoped that this volume will find a large audience and thereby perform a great public service in tending to limit the effect of many ill-considered statements bearing upon the power given to the judiciary by the Constitution of the United States."P.R.B., Yale Law Journal 22 (1912-13) 67-68 J. Hampden Dougherty was a prominent New York City lawyer whose practice focused on tax issues and land and water use. He graduated from Columbia Law School in 1874 and was the author of numerous titles including Electoral System of the United States (1906) and Constitutional History of New York State (2nd ed. 1915).

Reprint of the first American edition. First published in Italian in 1936, Elogio dei Giudici Scritto da un Avvocato, this is a collection of maxims, anecdotes and observations on the nature of law and justice by a professor of legal procedure at the University of Florence. Some chapters are: On the Faith of Judges, The Prime Requisite of Lawyers; On Etiquette (Or Discretion) in The Court; On the Relationship Between the Lawyer and the Truth, or on the Necessary Partisanship of the Lawyer. With a new preface by Jacob A. Stein, prominent Washington D.C. trial lawyer and author of Eulogy of Lawyers (2010), Legal Spectator & More (2003) and other titles.

This innovative collection presents original theoretical analyses and previously unpublished empirical research on criminal victimisation. Following an overview of the development and deficiencies of victimology,subsequent chapters present more detailed challenges to stereotypical conceptions of victimisation through their focus on: male victims of domestic violence; victims of male-on-male rape; corporate victims; and the 'victim-offenders' who are the recipients of IRA punishment beatings. The second half of the book considers criminal justice responses to victimisation, focusing in particular on the potential of, and limits to, restorative justice, the social (and gendered) construction of the victim within contested trials and the exclusionary nature of current 'victim-centred' initiatives. This important book will further the debate on how we conceptualise victims as well as their appropriate role within the criminal justice system. New Visions of Crime Victims will be of interest to academics, students, criminal justice practitioners and policy-makers. It has particular implications for scholarship in the fields of victimology, restorative justice and feminist approaches to criminology and criminal justice. The integration of work by established criminologists, such as Carolyn Hoyle, Paul Rock, Andrew Sanders and Richard Young with that of young, previously unpublished scholars, makes for an interesting and stimulating book. As well as being a valuable addition to the literature, it can be used to support undergraduate and postgraduate courses in criminal justice and criminology.

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

Involved with the development of the English Arbitration Act at various stages, the authors of this work have provided a publication of the Act with a detailed, non-English language commentary. Enacted in June 1996, the 1996 English Arbitration Act only came into force on 31 January 1997. Unlike other materials published or prepared before the Act's effective date, this book is current to January 1998 and takes account of the significant, last-minute decision to remove the distinction between international and domestic arbitration in English law. The authors present the material in English, French, German, and Spanish, with each version consistently arranged for easy access. Arbitration experts from the relevant countries prepared the translations under the guidance of experts in the field. The authors have conveniently set out the commentary in footnotes on a section-by-section basis. Through this work the reader should gain an opportunity to study this important and complex legislation in his or her own language with expert guidance.

This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. In recent years there has been significant growth in international business courts in Europe and across the world. They have been established as expert dispute resolution forums offering procedures in English for international commercial parties. Governments have promoted their development as an integral aspect of broader public policy agendas with the aim to enhance the rule of law and the attractiveness of their jurisdictions as legal and economic hubs. While these courts can be lauded for facilitating international commercial dispute resolution and boosting justice innovation, the development of competition in the international litigation market is a remarkable trend that merits discussion. International Business Courts provides a comprehensive critical evaluation of the institutional design and procedural rules of established and emerging international business courts. It focuses on major European and global centres. It assesses to what extent these courts, the competition between them and their inter relationship with arbitration, contribute to justice innovation. It considers their impact on access to justice and the global litigation market, as well as their effect on the rule of law. This book is of interest to legal practitioners, academics and policy makers in the area of civil justice and international business litigation.

Friendship is one of our most important social institutions. It is the not only the salve for personal loneliness and isolation; it is the glue that binds society together. Yet for a host of reasons--longer hours at work, the Internet, suburban sprawl--many have argued that friendship is on the decline in contemporary America. In social surveys, researchers have found that Americans on average have fewer friends today than in times past.
In Friend v. Friend, Ethan J. Leib takes stock of this most ancient of social institutions and its ongoing transformations, and contends that it could benefit from better and more sensitive public policies. Leib shows that the law has not kept up with changes in our society: it sanctifies traditional family structures but has no thoughtful approach to other aspects of our private lives. Leib contrasts our excessive legal sensitivity to marriage and families with the lack of legal attention to friendship, and shows why more legal attention to friendship could actually improve our public institutions and our civil society. He offers a number of practical proposals that can support new patterns of interpersonal affinity without making friendship an onerous legal burden.
An elegantly written and highly original account of the changing nature of friendship, Friend v. Friend upends the conventional wisdom that law and friendship are inimical, and shows how we can strengthen both by seeing them as mutually reinforcing.

In its first edition, "Global Trends in Mediation" was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad. The unique value of the book for practitioners resides in (among other things) the following: coverage of both common law and civil law jurisdictions; attention to the diversity of legal cultures and systems on four continents; a richer analysis of mediation models, standards, laws and practices than is available in other publications; and a much wider spectrum of mediation laws and approaches worldwide than is traditional in comparative studies. A comprehensive introductory chapter establishes an international comparative framework for an analysis of the national chapters that follow, synthesising the main themes of the book and analysing global and systemic trends. "Global Trends in Mediation, Second Edition", is an immeasurably valuable resource for dispute resolution practitioners, international lawyers, corporate counsel, policy-makers, and business people. It will also be of interest to academics, students and anyone interested in learning more about the special value of mediation and its processes.