The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 18th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2021 Supreme Court session, this book remains and indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation's laws and Constitution.

Since its inception in the late nineteenth century, the prevailing ethos of the police institution in Britain, has been said to rest on Sir Robert Peel's mantra of 1829 that 'the police are the public and the public are the police'. This refrain, of policing by consent, has constantly been challenged and no more so than in recent years. Whilst public views of policing in Britain maintain a constant level of trust, according to opinion polls, little attention is given as to why 40% of the population remain mistrustful of policing services. Though much of this book is confined to police operations in the United Kingdom, especially with regard to the narratives of those whose interviews were transcribed as case studies, the extent to which the modern police service sets itself apart from the public (and is therefore non-consensual) is shown in policing practices across the globe, from the United States to Australia. With stories from people on the front line, who have been targeted by police, Dr. Eccy de Jonge examines how police agencies' self-referential attitude - their "inner uniform" - may lead to bias in policing investigations, a breakdown in social order, and a lack of public trust. This is exacerbated by police officers using their power of discretion to subdue a right to criticism. Victims and complainants are routinely discredited by policing agencies around the globe and the inner workings of this public institution are failing those who rely upon it the most.

This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China. A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system. The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.

This book focuses on underexploited data drawn from various legal disputes over the Doraleh Container Terminal in order to paint a portrait of SSC when it comes to infrastructure financing and construction in Africa as provided both by the UAE and China. By producing a detailed account of the drivers behind these disputes as well as the broader political outcomes they have generated, this study provides invaluable conceptual and empirical lessons on the contemporary meaning of SSC. In doing so, it helps readers garner a more acute understanding of the role played by Global South states and the private sector (SOEs) against the backdrop of SSC.

This book provides a discussion of some of the most pressing challenges facing EU integration: political and economic governance, constitutional status and citizenship. It does so by discussing the work of one of the most original Portuguese voices in EU studies, Francisco Lucas Pires. In his swan song, here translated into English for the first time, Lucas Pires critically discusses the Treaty of Amsterdam, dissecting the process of its enactment, and its wider consequences for the EU. His profound, original and premonitory observations are commented on in this book by six young, prominent EU law scholars from different research areas. The result is an original and sagacious reflection, aimed both at researchers of EU law and policymakers alike, on the victories and shortcomings of the European project, providing refreshing views on a significant but often-neglected moment in the EU's history, as well as new avenues of critical thinking for the development of European integration. Martinho Lucas Pires is Ph.D. Candidate at Nova School of Law Lisbon, Assistant lecturer at Catolica Law School Lisbon, and Counsel at DLA Piper ABBC Advogados Lisbon, Portugal. Francisco Pereira Coutinho is Associate Professor and Vice-Dean at Nova School of Law Lisbon, Faculty of Law of the NOVA University of Lisbon, Portugal.

Administrative Court Practice offers a comprehensive account of practice and procedure in the Administrative Court, providing the practitioner with all the key information to conduct a case confidently from beginning to end. Written by authors with extensive experience of administrative court work, it acts as a clear and accessible step-by-step procedural guide to all the work undertaken in the Administrative Court.
The book includes extensive coverage of the practice and procedure of the Administrative Court as it relates to judicial review, as well as offering a full treatment of Statutory Applications and Appeals, and habeas corpus applications. It includes comprehensive coverage of Statutory Reviews under the Nationality, Immigration, and Asylum Act 2002; Control Orders under the Protection of Terrorism Act 2005; and civil recovery of assets under the Proceeds of Crime Act 2002. A chapter on Statutory Appeals covers Appeals to the Administrative Court generally, and includes appeals from the Special Educational Needs and Disability Tribunal, in the planning area, and from Professional Regulatory bodies.
With a foreword by Mr Justice Collins, Administrative Court Practice acts as a practical guide to bringing a case to the Administrative Court. It comes complete with all the key Practice Directions, Claim Forms, and sample notices that a practitioner will need to conduct a case effectively on behalf of either applicants or defendants.

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 book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June 2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move forward with this ambitious and comprehensive agreement. After a lengthy and arduous process interrupted by the United Kingdom's withdrawal from the European Union (EU), the United States' hesitations regarding the EU's global strategy and the outbreak of the COVID-19 pandemic, the negotiations between Australia and the European Union finally appear to be nearing completion. In challenging times, both parties share a commitment to a positive trade agenda, and to the idea that good trade agreements benefit both sides by boosting jobs, growth and investment. This book explores the challenges, achievements and missed opportunities in the AEUFTA negotiation process, and examines current legal and political relations between the EU, its Member States and Australia. Furthermore, it examines in detail a wide and diverse range of negotiated areas, including digital trade, services, intellectual property rules, trade remedies and investment screening, as well as dispute settlement mechanisms. Lastly, it sheds light on the likely nature of future commercial relations between Australia and the EU. Written by a team of respected authors from leading institutions in both Australia and Europe, the book provides a valuable, interdisciplinary analysis of the AEUFTA.

This book discusses multilingual postcolonial common law, focusing on Malaysia's efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?

1. In a time when the probation service is looking to reverse its privatisation, it is a good time to look back at the importance and legacy of past studies. 2. Rather than a straight new edition, this critical edition offers a wealth of new content, including a new chapter from the author, a new preface and four critical essays from key international figures in the field.

The United States needs someone who represents the poor and disenfranchised. Someone who has a seat at the table for any discussions of policy, funding, or priorities in the administration of justice. The United States needs a Defender General. In these times of reckoning-at last-with America's original sin of slavery and racist policies, with police misconduct, and with mass-incarceration, many in our country ask, "What can we do?" In this powerful and insightful book, Andrea D. Lyon explicates what is wrong with the criminal justice system through clients' stories and historical perspective, and makes the compelling case for the need for reform at the center of the system; not just its edges. Lyon, suggests that we should create an office of the Defender General of the United States and give it the same level of importance as the Attorney General and the Solicitor General. Such an office would not be held by someone who represents law enforcement, or corporate America, but rather by someone who represents and advocates for accused individuals, collectively before the powers that be. A Defender General would raise his or her voice against injustices like those involving the unnecessary killings of George Floyd and Breonna Taylor, or the Texas Supreme Court's refusal to let an innocent man, cleared by DNA, out of prison. The United States needs a Defender General.

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.

The Process of Investigation, Fourth Edition addresses the needs of today's private sector investigative professional by providing a full-spectrum treatment of the investigative process, from case inception and investigative strategy selection to executing complex investigative techniques, to creating reports useful for corporate, legal, and prosecutorial purposes. Continuing in the tradition of its previous editions, The Process of Investigation, Fourth Edition covers essential topics overlooked in books on the public aspects of investigation. Investigative skills such as surveillance techniques, interviewing and interrogation, collecting and documenting evidence, and taking confessions and written statements are all discussed, and supplemented with updated case studies and examples from the authors' own professional experiences.

The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system -- these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyzes points of controversy in the use, and abuse of extra-legal arguments within legal theory and practice.
Law and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.

International investment arbitration has been dubbed the "Antarctica" of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

The book focuses, through multiple levels of international reality, on the pervasive and widespread effect of the Syrian civil war on the unravelling of established norms---both global or national--- which have determined international relations during the last seven decades. It postulates that since 2011, the Syrian situation has catalysed the breakdown of the international system based on the United Nations and the Bretton Woods institutions. The core international values fostered by that system now laid waste, among others, are sovereignty, non-interference, sanctity of UN Security Council approval for waging war, human rights, protection of civilian populations, and the right of people to choose their own governments/leaders. By making the UNSC powerless in providing humanitarian assistance or fostering cease-fire and peace-making it has called into question the principles which have been held immutable for seventy years. More importantly, these norms have been breached by their originators. The book takes a wider perspective melding together the civil war's international, regional and national consequences to understand how and why this one event has radiated profound consequences for the international system.

This book explores how forensic psychology has come to inhabit a central unifying discursive presence in the life world of modern carceral institutions. Providing a sociological and qualitative account of forensic practitioner psychologists, the author looks both in, and alongside, the work of such practitioners to explore how they simultaneously occupy positions of power and vulnerability. Focusing not only on how practitioners themselves come to embody a pervasive system of disciplinary expertise, but also on how they experience other forms of penal control, the book offers a novel and complete exploration of forensic psychology, the modern prison, and power. This is an accessible text for prison practitioners, criminological and sociological researchers and forensic psychologists on the nature and reality of forensic psychological practice in the contemporary prisons of England and Wales.

Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses' reliability. But without a thorough grounding in psychology, is the "common sense" of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law's goals.

"The Judiciary in Africa" is a topical, thought-provoking and often contentious compendium of opinion on the role of judges in Africa. The judiciary in many parts of Africa has been under threat, and the response to this threat will inform ongoing debate on the role of judges, not only in Africa, but also throughout the world. This work documents the contributions of the speakers at the World Jurist Association's seminar, who addressed the idea that the judiciary should participate in the process of continuing legal education. The contributors include Justice Austin Amissah, President of the Botswana Appeal Court.

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States' current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges - both as members of the British Colonial Legal Service and as individuals - to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.