How the provisions of the First Amendment pertain to high school publications is thoroughly examined in this practical reference manual. Ingelhart presents a comprehensive and useful review of nearly all court cases and legal provisions relating to high school newspapers, yearbooks, and magazines, as well as to the students producing them. The overall concept of a free press as provided for in the First and Fourteenth Amendments is discussed. Related free expression matters are presented as background for understanding the Constitutional protections provided for high school journalists. Court-approved restraints on or regulations of the high school press are examined in depth, as are other forms of expression considered outside First Amendment coverage. Special problems concerning printers, photographers, and suppliers are also considered, as are the legal quandries of advisers. The entire volume is carefully arranged into specific sections for quick and convenient use as a reference source. An annotated alphabetical listing of all cases referred to includes available legal citations and indicates the location of additional information.

This edition gives full attention to the new constitutional context in which South African criminal law now operates. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the "boni mores" of a new South African society. The law is stated as at June 1996, and references to the Constitution of the Republic of South Africa are to the final Constitution enacted in 1996.

The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court, and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and, more importantly, its ability to influence the Court. This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process. From granting review to cases, selecting winning parties, writing opinions, and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not.

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.

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.

Your worst nightmare: twelve jurors stand between you and a miscarriage of justice, and none of them have read this book.

Few doubt that America's judicial system is one of the fairest, but we all agree it has problems. Sometimes it must enforce unjust laws, or administer laws in ways that seem inherently unfair. In criminal cases, each participant has his or her proper role: the government prosecutes, the lawyer for the accused defends, the judge referees, and the jury renders aa decision. But few realize the extraordinary power juries have to take control of court proceedings gone wrong, to undo miscarriages of justice, and help preserve the liberties we hold so dear.

In We the Jury ... judicial history student and veteran juror Godfrey D. Lehman has compiled 12 cases from England and the U.S. in which jurors have taken it upon themselves, as a matter of conscience, to nullify or overturn horrific laws that endangered our freedoms. Lehman shows how the concept of jury nullification has been effectively used to protect freedom of assembly and expression, to confront racial prejudice, to protect fair housing, to acknowledge the rights of minorities, to further voting rights, and much more. But now, he warns, this judicial safety valve is jeopardized by consultants who aid attorneys in selecting jurors, by a secretive court process that excludes information from jurors, and by legislators who would restrict the power of juries. We the Jury ... is a wake-up call and a must read for historians, lawyers, judges, and, of course, all prospective jurors.

For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court's case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court's case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court's reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court's argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.

This work examines both the failures and successes of intervention by the international community into the internal conflicts that are plaguing the post-Cold War world. It examines the legal framework and the bureaucratic and political realities that govern intervention and helps to explain why performance has been so uneven. The strategy offered by the authors operates within the parameters of legal and political limits to improve effectiveness by increasing international cooperation. Although radical in the context of international intervention, it has strong precedents in both industry and in actual conflict resolution. It involves a move to decentralization of operations to the field, permitting those on the scene to exercise far greater responsibility than is now the case. It details models of success and argues that effective decentralization can be institutionalized. For this proposed strategy to be effective, reponsible leadership of international organizations and their member states requires reassurance. This reassurance can be provided by a process of systematic and joint planning for intervention performed at the highest level as well as by careful training within civilian agencies that deal with diplomacy or humanitarian services. All of the arguments and strategies developed by the authors are supported with examples developed from case studies of how to effectively accomplish their goal of mitigating the outbreaks of violent conflicts through improved international cooperation in intervention.

English-speaking legal practitioners and academics get an ideal introduction to the basic institutions, principles and rules of Turkish law in this book. Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: * sources of Turkish law; * constitutional law; * administrative law; * legal persons and business associations; * family and inheritance matters; * property; * obligations; * criminal law; and * the laws of civil and criminal procedure. The sixth edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's hopes for membership in the European Union. These aspirations forced the Turkish lawmakers to modify some basic laws intensively or change them entirely. A short updated list of books and articles in English on Turkish law is appended. This concise guide is sure to continue providing interested parties with a speedy and reliable opening to many areas of Turkish law they need to learn about.

"Justice, Justice, Where Art Thou?" tells many real life stories of people who have been the victims of the Courts, Judges, and Attorneys in the United States.The author's search for justice in the courts relates the terrible experiences he endured at the mercy of the legal system. Specific judicial errors of fact and of law subjected the author to severe injustices at the hands of judges who ignored his right to a trial by jury. He tried to find justice at all levels: City Courts, State Courts, Federal Courts, Courts of Appeals, and even the United States Supreme Court.None of the courts was interested in seeing that justice was done to the author. That lack of justice led the author to study many cases tried in the various courts of the country. It was difficult to find that justice was attained in many cases. There were a few fine results, but they were very rare.As Mark Twain said, 'Judges and lawyers use the law to defeat the ends of justice."

Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.

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.

""Playing it Safe, How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law" is a book that will not only entertain but also remind us of the fact that many of the Court's most interesting decisions come not in its published written opinions addressing the merits of a case, but in their decisions not to hear a case based on purely procedural rationales. Recommended."
-- "New York Law Journal"

"Kloppenberg has provided the first sustained attack on the long-standing judicial practice of avoidance in at least a generation...her argument deserves careful attention."
--Cass Sunstein," New Republic," 10/01

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Courtfrom which the entire nation seeks guidancefrequently engages in transparent tactics to avoid difficult, politically sensitive cases.

"[A] well-informed book."
-- "Choice"

The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.

By sharing the stories of litigants who struggled unsuccessfully to raise before theSupreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

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.

The Injustice of Justice is a purposeful book designed to introduce the public as well as the profession to an alternate method of policing with a whole-community and responsibility-based approach. Don has written the book from the perspective of a businessman whose interest and subsequent involvement stems first from his employee, then a compassionate and compelling group of individuals in law enforcement and our justice system. Here are a few responses to the book: "Equal protection under the law is one of the basic premises of the American justice system. Yet many Americans feel this concept is not only elusive, but virtually impossible to attain. It's something we hope for and work to make real. Chief Grady has given us a practical approach to seeking justice while at the same time practicing reality. His book should be a must read for courses in community-police relations and for individuals and groups who want to better understand how our criminal justice system works, what good policing is, what changes are needed, and how we can all engage in making it happen." "Donald Grady has presented a policing model that is way ahead of its time. This book is a telling look at the inadequacies of our criminal justice system from a criminal justice insider..".".a must-read for anyone interested in innovative law enforcement strategies and forging stronger police-community relations. In sharing his successful leadership methods and progressive ideas, Chief Donald Grady has provided a valuable service."

Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand. Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance.Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.

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.

Each national report addresses, among other things, the following issues:
- the sources of law and general principle of the law of evidence
- the means of evidence
- the role of the judge and the parties in the evidence procedure
- the evaluation of evidence
- the production of evidence
- the registration of produced evidence
- the possibilities to admit new evidence or to renew evidence in appeal proceedings.

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.

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 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 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 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."

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.