Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg.
Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived.
Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.

Thoroughly revised and updated, this edition of the classic casebook on police ethics explores the moral complexities of situations faced by law enforcement officers every day across the United States. This updated edition of Power and Restraint maintains its place as a leading set of standards for evaluating police behavior. It extends our understanding of the basis of police accountability by grounding it in principles of the social contract and constitutional democracy. It applies the standards of fair access, public trust, public safety first, role discipline, and neutral professionalism to a variety of modern policing situations that help identify best practices and increase understanding of the challenges of policing in 21st-century America. Power and Restraint first locates itself in the context of other significant studies by scholars from various disciplines on moral issues in police work. Next, it establishes a foundation for moral evaluation of police work grounded in social contract theory as expressed in the U.S. Constitution and Declaration of Independence. Third, the authors generate five standards derived from the social contract for judging the actions of police. In the second half of the book, the reader is asked to apply these standards to a variety of typical but morally ambiguous policing situations. Clarifies the basis for judgments of police behavior Features case studies of actual law enforcement situations with complex ethical considerations Improves police officers' ability to think about their actions by examining the principles of ethical policing and applying those principles to concrete cases Explains both the need for and limitations on police authority, including the use of force

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.

It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw's well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, "[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. " Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is "not a panacea" for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called 'Lex Sportiva'.

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. Friendly Settlements before the European Courtof Human Rights evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional.
The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be 'privatized' and where the limits to the monetization of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with 'more money faster'.

This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European "touch" is one of the book's most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it -especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book's final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

This book examines the way international court judges are chosen. Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides the first detailed examination of how the selection process works in practice at national and international levels: what factors determine whether a state will nominate a candidate? How is a candidate identified? What factors influence success or failure? What are the respective roles of merit, politics, and other considerations in the nomination and election process?
The research was based on interviews, case studies and survey data in a range of different states. It concludes that although the nature and quality of nomination and election processes vary widely, a common theme indicates the powerful influence of domestic and international political considerations, and the significant role of a small group of diplomats, civil servants, lawyers, and academics, often without transparency or accountability. The processes allow overt political considerations to be introduced throughout the decision-making process in ways that may detract from the selection of the most highly qualified candidates and, ultimately, undermine independence. This is particularly evident in the election campaigning that has become a defining feature of the selection process, accompanied by widespread vote trading and reciprocal agreements between states. The effect of these practices is often to undermine the role of statutory selection criteria and to favour candidates from more politically powerful states. The book reviews new judicial selection models adopted or proposed in other international and regional courts, and considers a number of proposals for change to promote more independent, transparent, and merit-based nomination and election procedures.

The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

"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.

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed.
Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.

This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology ('Europe in prisons') which complements the conventional comparative approach ('prisons in Europe'). The chapters examine the impact - if any - that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umea University in Sweden.

The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call "enlightened coercion," detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both "sick" and "bad." Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a "progressive" and "enlightened" approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches--that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.

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.

The third volume in the Interviews with Global Leaders in Policing, Courts, and Prisons series, Trends in the Judiciary: Interviews with Judges Across the Globe, this book provides an insider's view of the judicial system. Offering interviews from judges in Africa, Asia, Australasia, Europe, North America, and the West Indies, it explores the behind-the-scenes motivations of judges on a global scale, delving into the interviewees' opinions on diverse legal systems, the interpretation of legal developments, and current issues in criminal law. Readers of this text will be experience the judicial system from within-the plans, protests, and thought processes of practicing judges. Criminal justice students and practitioners alike will benefit from this unique examination of judges around the world.

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

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.

- Presents qualitative data, giving an insight into the everyday experience of overcrowded prisons. - Links a smaller ethnographic study with wider trends on European politics and penal policy. - Places the Italian case in the wider international context.

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.