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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
This book contributes to the literature on Geographical Indications (GIs) by providing key theoretical reflections from a five-year review process on the potential of GIs for agri-food products in Southern Africa. The contributors reflect on diverse GI processes and dynamics which operate at the local, national and international levels, thus enriching the understanding of GI dynamics and of the variety of policy options available for GI protection in Southern countries. Following a discussion of the legal framework and governance of national GI schemes in Southern countries, the book emphasizes the main dimensions underlying the development of GIs and their potential for enhancing sustainable rural development and market access in particular. This provides the structure for the chapters that build on the different experiences of Southern African industries that have embarked on GI strategies. The book includes chapters on designing an appropriate legal framework and governance system for the development of GIs in Southern countries.
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
Each national report addresses, among other things, the following
issues:
An inside look at crisis management in the 21st century, Feeding Frenzy tells the story of two companies at war with each other, and of the trial lawyers determined to keep the conflict on the front pages. The Ford-Firestone tire crisis was the biggest business story of 2000-2001. Deadly and mysterious rollover accidents of Ford Explorers with failing Firestone tires took a toll of more than 270 lives in the U.S. and at least 100 more in Venezuela and other hot-climate countries. In compelling narrative, Feeding Frenzy provides a richer case study than can be found in other books on crisis communications. The reader climbs into the front seat for an eventful ride with the Ford PR team, as the automaker tries to understand what's causing the maddening accidents. Firestone's recall of millions of tires does nothing to abate unprecedented scrutiny from international media, safety advocates and an angry U.S. Congress. All the while, trial lawyers are leaking a new inflammatory document virtually every day to journalists competing with one another to break the next big story in this epic crisis. Jon Harmon is a chief communications officer with experience in all facets of reputation management. Over a 23-year career at Ford Motor Company, Harmon served in numerous roles requiring adroit media relations. He was Ford's chief spokesman during national labor negotiations with the UAW, and for many of Ford's high-profile legal cases and safety issues. As head of public relations for Ford Truck, Harmon was thrust into defending the Ford Explorer throughout the epic Ford-Firestone tire crisis. Harmon is the author of the Force for Good Communications blog for "aspirational public relations" at www.forceforgoodcom.com.
Whilst paying lip service to the importance of public access to court proceedings and its corollary of unfettered media reporting,a trawl through common law jurisdictions reveals that judges and legislators have been responsible for substantial inroads into the ideal of open justice. Outside of the US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public confidence in the administration of justice more generally or even individual privacy concerns. The subject matter of this book is a comparative treatment of constitutional protection for open justice. Focusing on developments in the legal systems of the United Kingdom, the United States, Canada and Australia, the monograph draws upon the constitutionalization of expression interests across the common law world to engage in a much needed re-assessment of the basis and extent of permissible restraints on speech.
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 "DeFunis v. Odegaard" decision and the 1978" Bakke" decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.
This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law-business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states-Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia-challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
This fifty-second volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court 16 July 2010-1 August 2011. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series:http://www.annotatedleadingcases.com/about.aspx
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue the goals of civil justice the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems."
Throughout history, there has been conflict and the clashing of ideas. Although this has assisted in creating political and societal structures, it has also led to civil unrest, cases of severe discord, and war. Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities is a critical scholarly resource that examines the pursuit of peace in global civil war and conflict through the use of mediation. Featuring coverage on a broad range of topics, such as intercultural communication, social psychology, and conflict theory, this publication is geared towards academicians, students, and researchers seeking relevant and current research on governmental approaches to pursuing peace in instances of conflict and strife.
Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level. He emphasizes the underlying constitutional, organizational, psychological, and political factors that shape public policy outcomes, arguing that a sound grasp of these factors can lead to an understanding of the gap between theory and practice in democratic politics. He examines the historical development and revision of the U.S. Supreme Court civil liberties rulings from the 1960s to the early 1980s as well as executive and congressional policy to regulate criminal records privacy. He also underscores the importance of the intergovernmental context in which state officials act as both leaders and intermediaries in the implementation of national policies. Dalton then combines these elements of analysis into a general theory of legitimation in order to render the significance of criminal justice policy for the American political system understandable as a whole.
Philips looks at the languages of judges in the courtroom to show that, while judges see themselves as impartial agents of the constitutional right to due process, there is actually much diversity in the way that judges interract with defendants due to their interpretations of the law, their attitudes toward courtroom control, and their own political-ideological stances regarding due process. She uses courtroom transcripts, interviews, and the written law itself to show how ideological diversity is organized in legal discourse.
Patricia Rosier died at her home in Fort Myers, Florida, in January of 1986, having sought the help of her prominent physician husband, Peter, to end her cancer-ravaged life with some measure of dignity. By November 1987, Peter had been indicted for first degree murder and faced death in Florida's electric chair. How could it happen? How does a loving husband and father get charged with first degree murder? This compelling true story shows just how easy it is in America's legal system. "Euthanasia" remains a crime in Florida and in most other states, yet the majority of such "criminals" are never prosecuted. But Dr. Rosier was singled out because he "confessed", both in a television interview and in writing, to believing in euthanasia and to assisting his wife's suicide. In Murder of Mercy every heart-pounding moment of Dr. Rosier's legal ordeal is vividly captured by famed trial attorney Stanley M. Rosenblatt, who, together with his wife and law partner, Susan, represented the accused. Describing an intriguing array of legal twists and turns, this riveting book is more than just gripping courtroom drama. Find out why Patricia's father and brothers sought immunity before they would testify. Feel the rush, the exhilaration, of planning defense strategy: How could anyone explain away Dr. Rosier's confessions? Could the Fort Myers judge be persuaded to change the location of the trial? Should Peter Rosier testify in his own defense? The powerful arguments of the State and the defense are laced with ridicule, sarcasm, and scorn: each side accusing the other of treacherous character assassination. Rosenblatt's penetrating assessment of judges, the use of expert witnesses, the exclusion ofrelevant evidence, attorney-client privilege, and the granting of immunity serve as the foundation for a searing critique of America's criminal justice system and the society it is designed to protect.
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
Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy. Busing Affirmative action Prison reform Mental health reform Procedural reforms in law enforcement Electoral redistricting In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies--and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.
This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's direct relationship with the American liberal state. John P. Anderson defends John Rawl's pragmatism; Adelaide Villmoare and Peter Stillman consider the 'Janus faces of law', a double vision of law where both sides of the face adhere to one another through neoliberalism; and Timothy Delaune examines jury nullification. The remaining chapters then go on to consider specific applications of the law within society. Susan Burgess provides a critical account of what implications the inclusion of gays in the US military has for understanding the means by which the liberal state uses law to include the previously excluded. Daniel Skinner then problematizes the body politics of American liberalism, as viewed through the lens of health policy and the final chapter from Beau Breslin and Katherine Cavanaugh explores how various legal and judicial policies have highlighted the clash between the state's imperial authority and Native American narratives.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book - arbitrability - is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today. |
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