The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and, especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.

This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor's Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.

Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research.

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court 's contribution as one of the UN 's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

This book is concerned to explore the idea of imaginary penalities and to understand why the management of criminal justice and criminal justice systems has so often reached crisis point. Its underlying theme is that when political strategies of punitive populism are combined with managerialist techniques of social auditing, a new all-encompassing form of governance has emerged - powerless to deliver what it promises but with a momentum of its own and increasingly removed from proper democratic accountability. A highly distinguished international group of contributors explores this set of themes in a variety of different contexts taken from the UK, N. America, Europe and Australia. It will be essential reading for anybody seeking to understand some of the root causes of increasing prison populations, social harms such as recidivism and domestic violence and the increasingly important role of criminal justice within systems of governance.

A concise presentation of the authors' first-hand experience with the procedural history of the Iran-United States Claim Tribunal in The Hague. The authors' analysis can be divided into three major themes, the first being the examination of the establishment of an arbitral tribunal. It investigates the first intent of the UNICITRAL framers, as evident from the travaux preparatories, and then inspects how the rules were interpreted, changed and applied in the Tribunal. Part Two includes the Arbitral Proceedings, including but not limited to pleadings, rulings, interim measures of protection, and default and waiver. The concluding section comprises awards and decisions, applicable law, motions and costs.

This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the A resund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author's analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.

This well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the Court's role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.' - Gareth Davies, VU University of Amsterdam, The NetherlandsThis book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors - from access rules to institutional design and to substantive functions - influencing the European Court's political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities - and corresponding responsibilities - that the Court's case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials. Contributors: A. Arnull, L. Azoulai, M. Bulterman, S. Carrera, M. Dawson, M. de Visser, B. de Witte, V. Hatzopoulos, M. Hoereth, C. Kaupa, E. Muir, B. Petkova, E. Vos, C. Wissels

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

A revealing examination of the Supreme Court's justices and their "cautiously moderate" jurisprudence during the ten-year tenure of Chief Justice Salmon Portland Chase. The Chase Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Salmon Portland Chase. Accompanying an in-depth analysis of the Chase Court's landmark rulings on Civil War and Reconstruction issues that shaped U.S. history-such as military commissions and the status of seceding states-are detailed discussions of the Court's rulings on government-issued paper currency "greenbacks" and the newly ratified 14th Amendment. Salmon Portland Chase's role as the first chief justice to preside over the impeachment of a president is carefully examined. Profiles of the 13 Chase Court justices describe their rise to prominence, controversies surrounding their nominations, work on the court, judicial philosophies, important decisions, and overall impacts. A-Z entries include the significant rulings involving Reconstruction and restoration of the Union such as Ex parte Milligan (1866), the Test Oath Cases (1867), Ex parte McCardle (1868), and Texas v. White (1869) An analysis of the historical impact and continuing legacy of decisions such as the Court's narrow interpretation of the 14th Amendment in the famous Slaughterhouse Cases

The Inner Temple is many things to many people: a community of highly motivated and highly trained professionals; a cluster of fine buildings in the heart of London; an honourable society with its own etiquette, rules and traditions; an institution proud of more than six centuries of history.This richly illustrated celebratory volume published on the occasion of the institution's 400th anniversary, will reflect the distinctively collegiate life in the Inner Temple through stimulating and entertaining individual memories, anecdotes and stories of members of the Society.Themes and topics in the book include: The Temple of the Knights; the coming of the lawyers; Lord Robert Dudley; the pegasus and the revels; from Chaucer to Mortimer - the Inn's literary connections; learning the law; architectural heritage' the Inn's treasures; Lord Chancellors; illustrious and notorious members; life at the Bar and in chambers; the Inner Temple and the wider world and, a day in the life of the Inn.

This book results from the Herculean task of gathering, evaluating and analyzing criminological data for a period in the history of Japan, the Showa Era, during which even the recording of data was dramatically affectedby change. This book is an essential, exemplary tool for everyone intersted in criminological topics.

Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy, John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference towards criminals and paranoia that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behaviour. Perhaps explaining why in many Western countries prisons rates have soared while crime rates have been declining. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media; less reliance on the more orthodox expertise of civil servants and academics; and, limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement. in criminology and crime policy.

International Arbitration in Latin America features:
- a comprehensive and thorough overview of commercial arbitration in Latin America;
- a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela;
- a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, whose eventual ratification and coming into force is contemplated;
- an examination of the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region;
- the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and,
- a description of the increasing use of alternative dispute resolution in Latin America and how it might be bes used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

A CRIME BURIED FOR YEARS. AND ONE THAT'S JUST BEGUN... 'An authentic, topical and terrifying thriller: one of Michael Connelly's very best' THE TIMES 'Yet another superb thriller from a writer at the top of his game' SUNDAY EXPRESS 'Consistently excellent' MAIL ON SUNDAY * * * * * A MURDER YEARS IN THE MAKING A murder in the middle of a street party seems a senseless tragedy. But the victim had a dark past which came back to haunt him. THE DEEPER YOU LOOK Detective Renee Ballard connects the killing to an unsolved case last worked by ex-LAPD legend Harry Bosch. But then a new crime shatters the night shift... THE DARKER IT GETS The Midnight Men are a deadly pair of predators who stalk the city during the dark hours and disappear without a trace. Ballard once believed her job was to bring the truth to light. In a police department shaken to the core by protests and pandemic, both cases have the power to save her - or end her... * * * * * CRIME DOESN'T COME BETTER THAN CONNELLY: 'One of the very best writers working today' Sunday Telegraph 'The pre-eminent detective novelist of his generation' Ian Rankin 'The best mystery writer in the world' GQ 'A superb natural storyteller' Lee Child 'A master' Stephen King 'Crime thriller writing of the highest order' Guardian 'America's greatest living crime writer' Daily Express 'A crime writing genius' Independent on Sunday

This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. 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 the decisions. An index is included.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 are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

1. Bringing together chapters co-authored by academics and practitioners, this book will find a market as a supplementary book for students and a book on best-practice for professionals. Each chapter has a set structure to ensure consistency. 2. This book will be particularly useful for universities offering qualifications for trainee probation officers in the UK, as well as Criminology students taking courses on criminal justice, penology, rehabilitation and working with offenders.

Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.

13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.

"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."