Women, Trauma, and Journeys towards Desistance: Navigating the Labyrinth provides an examination of women's desistance from crime from a gender-responsive, trauma-informed perspective. The book is based on the reflections of fifty-six women over a three-year period as they transition from custody to the community. With the women, the author examines how experiences of trauma, victimisation, and intersectional oppression constrain access to traditional desistance supporting processes, including supportive relationships, identity construction, the exercise of agency, and engagement with treatment and interventions, reframing these processes from trauma-informed perspective. The book joins together the women's insights and experiences with principles of gender-responsive, trauma-informed principles in a framework through which criminal justice practitioners can support women in their efforts to leave crime behind. The framework for practice is a fusion of concepts from desistance theory, principles of gender-responsivity, and trauma-informed practice designed to help women understand the root causes of the problems they face in the present whilst building on their resilience and strengths to achieve their goals for their futures. This book is ideal reading for scholars and students of criminology and criminal justice, particularly rehabilitation, gender and crime, and feminist criminology. It will also be of interest to academics and practitioners of forensic psychology and social work, as well as probation officers, social workers and prison officers.

This book focuses on product design which is evolving conceptually and practically with advances in technology. Product design is no longer solely about product stylization and decoration, but rather about providing a holistic product experience for the consumer. Therefore, in the foreseeable future, product designs will increasingly communicate not only to our eyes, but to our other senses as well. This book examines the frameworks for the protection of product designs in New Zealand and Australia and evaluates the appropriateness of expanding legal mechanisms for the accommodation of product design evolution. The value of more holistic design protection is balanced against other important considerations such as the "right to repair". The book not only anticipates the extent to which product design will cater to senses other than visual, but also provides a novel framework (with reference to industry examples) for discerning originality in such work for the purposes of copyright. This book also makes suggestions for how designs can be protected from foreseeable infringement (analogous to copyright infringement of music and movies on file sharing networks) resulting from future advances in technologies such as 3D printing and virtual reality.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.

Explores the challenges of governing in a post-truth world The relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential reading for our fraught political moment, Truth and Evidence considers the importance of truth in the face of widespread efforts to turn it into yet another tool of political power.

This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in Comparative Law, Criminology and Psychology.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law's pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students' subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings, and the impacts of post-human knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly western structures of legal learning within a wider context. Assembling original, field-defining, essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. As politicians' views toward opposition changed over time, their approach toward the judiciary where opposition could become entrenched changed as well. Once opposition was no longer seen as a fundamental threat to the Constitution's survival, and multiple constitutional interpretations were considered legitimate, judicial power could be construed less as the seat of an illegitimate opposition and more as an instrument to achieve political ends. Politicians were more likely to harness it to serve their aims than to openly undermine its legitimacy. In short, conflicts between the elected branches and the judiciary have not subsided. They have changed form. They have shifted from measures that undermine judicial legitimacy to measures that harness judicial power for political ends. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation, and the emergence of rights-based pluralism.

This rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys of the last one hundred years. Carefully selected to explore every major aspect and challenge of the legal process, these speeches highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom stratagems and a keen understanding of the social currents that shape them, Manhattan assistant district attorney Joel Seidemann introduces and illuminates each speech from an insider's perspective. Arguments from landmark trials are included to reveal the smartest tricks of the trial lawyer's trade and demonstrate the power of an impassioned presentation to tip the scales toward the fulfillment of justice.

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of "the jewel in the crown," which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.

An extensive survey of the pros and cons, evolution, and current issues surrounding one of the hottest topics in today's social debates. Death Penalty on Trial: A Handbook with Cases, Laws, and Documents sifts through the rhetoric, politics, and emotion that characterize one of the most highly discussed, yet least understood issues facing the United States today. Placing the death penalty in a historical perspective with an emphasis on the last 50 years, this case-driven volume explains the legal theory that has perpetuated it and the judicial reasoning, both pro and con, behind such landmark Supreme Court cases as Furman v. Georgia and The United States of America v. Alan Quinones. From the first Massachusetts Bay Colony execution and the inventions of the electric chair and gas chamber to DNA testing of inmates, readers will learn how and why capital punishment continues to be so controversial. Entries on critical events; issues such as race, age, and evidence of innocence; and individuals like Velma Barfield, the first woman executed after the reinstatement of the death penalty Chronology of the most important events in the legal history of capital punishment, including Atkins v. Virginia, a case involving the execution of people with mental disabilities

As a practising barrister, the Rt. Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally prompted it. Covering the history, engineering and architecture of the justice system, their common theme relates to the author's experiences as a barrister and judge, most notably in relation to the constitutional changes which have emerged in the last twenty years in the United Kingdom.

This work focuses on the EU's participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU's participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.

In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.

This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear.
Contents summary:
- Overview of the 1998 rules
- Annotated text with commentary
- Arbitral tribunal and proceedings
- Awards
- Costs
- Conversion tables
- Appendices to the 1998 rules
- Index

Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.

This book presents practical advice to law students and those entering and now working in the legal profession that will help them to reconcile who they are as a person with the demands and opportunities of a legal career. The book sets out a clear framework and practice examples for: (i) defining "success", (ii) understanding the role of a professional in relation to clients, colleagues, adversaries and community, (iii) reconciling demands of practice within ethical rules and norms, business considerations and personal values and (iv) building a values-centered, economically viable practice and reputation. Complete with practical advice and experiences that produce and reinforce a holistic approach, this book provides invaluable support for second- and third-year law students and lawyers in practice to establish elusive work-life balance over the course of a legal career.

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica, and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics, and public support shape interbranch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis, and game theory.

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia's OFDR system is that it deals with children's issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required - for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.

The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

The book is written by an author with a lot of teaching experience, at a university which is proactively developing SQE focussed courses. He has already amassed a huge number of practice MCQs. Part of the SQE1 series, which offers problem questions, revision points, MCQs and also, for Business Law and Practice, commercial awareness talking points. The series is designed around the needs of students preparing for SQE1, and each book follows a similar format. There is an online hub of support material for each book. Offers a combination of print and online material that differs from the few other offerings currently on the market.

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.