This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

With the Arbitration Act of 2006, Austria consolidates its emerging role as a seat for arbitration proceedings affecting Central and Eastern Europe. Based to a significant extent on the UNCITRAL Model Law, which is fast becoming an international standard, Austria's new law is applicable in any proceedings involving parties from any country. Assembled with detailed commentary in footnotes by Christoph Liebscher, a leading Austrian arbitration specialist and a member of the committee that drafted the law, this definitive presentation of the Austrian Arbitration Act of 2006 provides all of the following: text and notes in four languages - English, Russian, French, and German - so as many readers as possible can study the legislation in their own language; concise footnotes to nearly every article, offering easy-to-follow applications, examples, and clarifications; and a wealth of general information useful for non-specialists who must advise on the drafting of arbitration agreements. This book will be of great practical value to arbitration practitioners, to international business people and their counsel, as well as to academics in arbitration and international trade law, especially in the context of Central and Eastern Europe.

Accompanied by a podcast called "The Cannabis Criminology Podcast." As a limited series podcast, the authors will review key aspects of the book and interview scholars and activists working in this area. Very timely as the (potential) legalisation of cannabis has received much attention across the globe in recent decades/years, and this interest is set to continue for many years to come. Most research tends to focus on drugs as a whole, whereas this book focus solely on cannabis, and as such offers the depth needed to grasp the topic more effectively. Fits into several topics/modules within criminology, sociology, law, drug policy and public health. Comprehensive in its coverage, exploring history, frameworks of analysis, evidence to date, key initiatives, and providing examples from relevant jurisdictions.

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: * the use of the list procedure for the appointment of arbitrators; * the central role of the Administrator; * the Dutch concept of binding advice; * contractual relationships and exclusion of liability; * the separability of the arbitration agreement; * freedom in determining and applying rules of evidence; * the mechanisms for parties to seek relief in summary arbitration proceedings; * costs of arbitration; and * the arbitral award, including the possibility of rectifying , supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings - as well as counsel to parties in NAI proceedings or related court proceedings - will find here an incomparable guide to the NAI system and Dutch arbitration law.

This book explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war -families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992-1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. It shows how war victims/survivors navigate such fragmented and challenging public landscape in order to secure their rights.

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Drawing together a diverse but focused group of international researchers for the first time in a single volume, "The Language of Sexual Crime" explores the role of language in the construction of identity of both perpetrators and victims of sexual violence, the ways in which language is used in the detection of sexually-motivated crime, and the articulation/manipulation of language in police interviews, the courtroom and the media.

This book addresses the myriad controversies and examines the evidence regarding capital punishment in America. It answers questions regarding topics like the efficacy of capital punishment in deterring violent crime, the risks of mistakes, legal issues related to capital punishment, and the monetary costs of keeping inmates on death row. Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the death penalty? This book examines the history of capital punishment in the United States; describes the significant issues, events, and cases; and addresses the controversies and legal issues surrounding capital punishment, making this important topic accessible to a wide range of readers. The book presents both sides of the argument on whether capital punishment should continue or be abolished, looking at the evidence regarding whether it is necessary for carrying out justice and deterring violent crime or whether the practice is inhumane, ineffective, biased in its application, and costly. Readers will gain insights into how capital punishment should be used, if at all; whether effective safeguards are in place to ensure that only the guilty receive the death penalty; what crimes deserve this sentence; whether juveniles or individuals with diminished mental capacity should ever be sentenced to death; potentially viable alternatives to the death penalty; and the hidden costs involved in our capital punishment system that make it so expensive. The book also contains primary documents relevant to capital punishment, such as excerpts from documents like the U.S. Constitution, the Hittite case laws, and the Code of Hammurabi, as well as descriptions of and excerpts from key cases decided by the U.S. Supreme Court. Presents "Perspectives" from various writers, allowing readers to consider opinions from many informed individuals-including judges, prosecutors, defense attorneys, and professors-who are concerned with capital punishment Supplies easy-to-understand information for general readers seeking to learn more about the history, purposes, effects, methods, and costs of capital punishment Provides a balanced, objective discussion of the arguments and complex issues regarding capital punishment, enabling readers to reach their own opinions and conclusions

Breaking through conceptual roadblocks that at bottom are based on a lack of exposure to valuation procedures rather than on any uncertainty about legal principles, this enormously useful volume is addressed particularly to the many arbitrators with sound commercial knowledge but little hands-on experience with valuation studies. It provides a clear understanding of the nuts and bolts of valuation methods, drawing on a prodigious wealth of standards and procedures endorsed by internationally respected institutions, as well as on relevant decisions of a wide variety of local, national, and international fora. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The book's many practical recommendations greatly elucidate the decision making processes entailed in three central aspects of the arbitrator's role:
- advance planning to enhance understanding of expert valuation evidence;
- identification of "apples-to-oranges" miscomparisons; and
- recognition of the true comparability between the business at issue and other examples offered in the expert evidence.
The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance.
In its practical assistance to arbitral tribunals presented with complex business valuation in the quantum phase of a hearing, this book shows a thoughtful andproactive arbitrator how to help him or herself and provides a full measure of the valuation expertise required. In a more deeply significant way, the author reveals how the arbitration community can move closer toward a common language and consistent principles -- a Valuation Mercatoria.

Explores how a famous trial court judge used rhetorical strategies to engage the public and the legal community in challenging the accepted views of the proper roles for the courts and the community in the pursuit of justice. Analyzes the role of Judge Lord in stimulating public debate about some well-known and controversial cases and in doing so helps enrich our understanding of how trial court judicial rhetoric and opinions can contribute to public understanding and a fruitful discussion of the law, the courts, and their relationship to the community. Judge Lord made his opinions accessible and potentially persuasive to a public auidence through his attention to judicial personal, argument structures that helped to maintain a sense of dramatic narrative, the use of plain language, and the use of substitution, metaphor, and comparison. In addition to offering practical insights into the operation of trial courts, judicial persuasion, and the settlement of some important cases, provides an overview of different judicial approaches to the use of rhetoric. This in-depth study of a noted judge and important trials can serve as a useful text for students in law, communications, public policy, and American studies and will be of interest to scholars and professionals alike.

Expanding international trade forces practitioners, academics, and jurists to wrestle more often with damages claims in international law, navigating the varied treatments of damages issues from country to country. Many of these decisions may be difficult to find, let alone assess. This text guides the reader through complex damage issues and their treatment around the globe. It examines issues and problems presented in determining compensatory interest, moratory interest, damages in foreign currency, attorneys' fees and costs, and punitive damages in foreign currency. The book is aimed at law professionals such as attorneys, arbitrators, judges and scholars, as a resource on how different legal systems address damages issues.

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.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.

"Marcossen has written a good book. Its tone is appropriate, its arguments are provocative, and its subject matter is significant."--"The Law and Politics Book Review," Vol.12, No. 7

"Brilliantly dissecting Thomas' and his philosophical mentor Antonin Scalia's conservatism, Marcossen resembles a master debater delivering a crushing final summation."-- "Booklist," August 2002

"Without a doubt, this is one of the best pieces of constitutional law scholarship published in some time."
-- "Choice"

Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws--including self-interested reasoning and the manipulation of doctrine--that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court.

Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutionaldecision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.

This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR's future development.

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.

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.

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.

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.

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.