Corrections: A Critical Approach (third edition) confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos.

Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) as well as expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration.

Covering five main areas of inquiry penal context, penal populations, penal violence, penal process, and penal state this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.

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.

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.

The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. EU sanctions are used both against regimes and suspected terrorist financing. But these sanctions have developed "organically", without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning over a variety of areas: criminal law, constitutional law, international law and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues. How should we go about measuring the impact(s) of targeted sanctions? How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, punishment/confiscation of assets)? How can the problems caused for fair trial by the use of intelligence material be solved? If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? What is the spillover effect of "overbroad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? How do EU sanctions fit into, and compare to national systems for the proscription of terrorist organizations? Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions?

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This sequel to the authors' Psychological Knowledge in Court offers a welcome expansion on key concepts, terms, and issues in causality, bringing much needed clarity to psychological injury assessments and the legal contexts that employ them. This book clearly explains what lawyers and clinicians need to understand about each other's work. Forensic practitioners and attorneys will turn to Causality of Psychological Injury as their professional paths increasingly cross in seeking comprehensive and state of the art information.

This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.

This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword:"One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like..." - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include diagrams at the start of chapters to summarise the key points, structured heading levels to allow for clear recall of the main facts, and charts and tables to break down more complex information. New to these editions is an improved text design making the books easier to read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.ukwhere you will find extensive revision materials including multiple choice questions in addition to a questions and answers section.

This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

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.

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

The English Legal System: Cases and Materials has hand-picked the key cases, statutes and other sources of law for students studying an English Legal System module. Using an accessible style, and organised to mirror most course syllabi, this book brings together a wide range of topical material which will enable you to find key sources easily.

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

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.

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

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.

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.

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.

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.

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.