Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. "In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession." Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading. Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. "What happened to the law of supply and demand?" he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls "the magic of the emperor's new clothes" has suspended the law of supply and demand. He discussesexcessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

`An excellent reader. It contains all the basic ingredients of a superb teaching book with the qualities of a thought-provoking text.... Should be required reading for all students of criminal justice policy and it will be a valuable teaching resource for all those involved in the delivery of courses on young people, justice and punishment' - Punishment and Society

`This is a valuable student text; carefully collated and with an abuntant array of material... and will surely become a widely used course reader. For the practitioner and general reader it is a book to dip into, a means to access debates and remind oneself of the ebb and flow of policy' - Youth Justice

Youth Justice brings together for the first time the most influential international contributors to the emergent field of youth justice studies.

Youth Justice provides:

· a critical introduction to the intellectual reframing of the history, theory, policy and practice of youth justice.

· an essential resource of key debates and controversies from across the range of disciplines engaged in the study of youth in the social sciences

· editorial essays at the beginning of each substantive section of the

volume

· specially commissioned chapters at the end of each section, which place the readings in their theoretical and historical context.

The Reader is the set text for The Open University course, Youth Justice, Penality and Social Control (D864).

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.

Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

This text provides a comparative overview for the 15 EU countries, of orders for payment and similar proceedings. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French, or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. Each national report addresses the following issues: sources of law and general principles of orders for payment and similar proceedings; fields of application; requirements for the issuance of an order for payment; objection, appeal, and other remedies against orders for payment; and res judicata, enforceability and other effects of orders for payment. A comparative contribution by the editors analyzes the similarities and differences between the various European systems. Further, the editors discuss attempts to harmonize the law of civil procedure, which range from various recommendations of the Council of Europe to the 1998 draft of the Late Payment Directive, and provide concrete suggestions for a future harmonization or unification of this area of the law.

The Third Edition of this popular anthology examines contemporary gangs, gang life, and law enforcement efforts to study and coordinate the community?s response to them. The book contains original essays from a broad array of renowned researchers and experienced practitioners who work with gangs. A wide variety of current topics and issues are covered, including: female gangs and ganging; ethnic diversity; economic, neighborhood and school contexts of gang behavior; gun and drug relationships, and research methods used in the study of gangs.

This project, originally developed for the European Community, examines parental roles in controlling television programs watched by children in Europe. The structure of the study includes:
*an analysis of the technical devices available to assist in parental control of television broadcasting services, including descriptions of devices, their cost, availability, and the infrastructure needed to introduce them;
*a corresponding analysis of potential ratings or labeling systems to work in conjunction with or in the place of technical devices, enabling a comparative analysis of rating systems used in film, video, and online services; and
*an overview and assessment of the educational and awareness measures in the field of protection of minors and harmful content, providing the data for the review of available considerations in this field of viewer literacy.
In addition to these main strands of analysis, the study provides for background information and analysis in the following areas:
*an overview of the main media theories focusing on the effect and impact of specific types of content on children and their behavior;
*an assessment of the economic impact and social efficacy of different protective measures; and
*a comparison of the regulatory contexts and rating systems for film, video, television, and online services concerning the protection of minors from harmful content.
This volume is intended for scholars and students in comparative media studies, media policy, and regulation.

The purpose of this book is to compare and analyse covenantal and contractual models, which are used to arrange and order complex relationships of the business corporation. This book will show that covenant and contract are different concepts for envisioning responsible relationships, and that covenantal interpretation is superior to contractual interpretation. The difference and superiority of the covenantal model comes from its connectional understanding of human nature, the purpose of the business corporation, and moral values. Thus, this book argues that business relationships based upon making a 'covenant' with others expand reasonability beyond legal contract, and integrate moral commitment and theological vision into the business realm.

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

The evolving information society is creating new economic, cultural and political opportunities. However, it also brings with it new issues and risks, which pose fresh challenges to every legal system. This volume contains articles, written by scholars in pertinent legal fields from all around the world, which analyze and attempt to meet these challenges. The articles contained in this collection present multifaceted intersections of law, information and information technology in the following fields: the emerging legal field of information law; privacy law; intellectual property law; internet law and regulation; stock-market law; authentication of electronic messages and its legal implications.

This work brings together the background papers on major service sectors prepared by the WTO Secretariat for the WTO's Council for Trade in Services, in preparation for the new round of negotiations which started in January 2000. Following an analysis of the economic effects of services liberalization, 19 chapters on individual service sectors consider the issues which WTO Members need to consider when framing their negotiating positions and objectives for the new round and preparing their industries for a more open trading environment: the economic importance of the sector; the manner in which it is regulated and traded; problems of definition and classification; and the pattern of commitments undertaken by Member governments under the GATS. Many of the papers also identify prevalent forms of trade restriction or discrimination and suggest areas for further work. In addition, the work includes a detailed description of the structure of services commitments as submitted by WTO Members with respect to the four modes of supply which constitute the definition of trade in services under the GATS. The contributions have been provided by experts of the Trade in Services Division of the WTO Secretariat, with responsibility for the services or subjects in question.

An engrossing history, "Fish, Law, and Colonialism" recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law.

Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities.

Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.

A landmark narrative of an epic legal battle, Civil Warriors is the gripping behind-the-scenes account of how one tenacious lawyer led the charge against the titans of the tobacco industry.

Drawing on five years of eyewitness reporting, thousands of pages of internal documents, and riveting firsthand stories of plaintiffs, lawyers, jurors, and scientists, Civil Warriors weaves the compelling story of attorney Ron Motley, who, along with other die-hard lawyers, scientists, and tobacco-busters, fought tirelessly to bring the tobacco industry to justice.

Taking us onto the front lines of Motley’s crusade, investigative journalist Dan Zegart follows the attorney to a dangerous underworld where maverick scientists and corporate whistle-blowers step from the shadows to reveal the truth behind the industry “spin.”

We meet the unforgettable cast of characters that draw Motley on toward his goals ... the mysterious ex-Reynolds employee known as “Deep Cough,” who told where evidence on nicotine-laced tobacco was hidden ... the researchers who proved the addictive nature of nicotine — and were advised by the FBI to check their cars for bombs every morning.

And we witness how Ron Motley led his quest for truth, justice, and hundred-billion-dollar awards ... to penetrate, finally, the “control room of the conspiracy,” an inner circle of lawyers who protected tobacco for thirty years. Civil Warriors is at once a grand adventure and a towering work of investigative journalism — an eye-opening report on the way justice really works in America today.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Banks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.

This set includes ISBN: 9780471356196 The First Legal Answer Book for Fund-Raisers and ISBN: 9780471387732 The Second Legal Answer Book for Fund-Raisers.

This book is the second of two volumes in which leading scholars examine the way in which EU member states co-ordinate their European policies. This second volume investigates the structures, institutions and processes put in place by national governments in Brussels. From a comparative perspective, the book assesses the responses of governments to the demands of EU membership. It offers a detailed examination of the organisation, operation and performance of permanent representations, and their role in national systems of EU policy making, and looks at the extent to which interaction within a common institutional environment has brought about convergence between national arrangements.

The companion volume, published in 2000, examines the national co-ordination of EU policy at the domestic level.

`This text represents a major contribution to the literature on crime prevention and community safety. It goes beyond existing literature in bringing together sophisticated theoretical analysis on these topics which are core issues for government at local as well as national levels. And it also brings a much needed international perspective to our understanding of the local governance of crime' - Kevin Stenson, Professor of Criminology, Buckinghamshire Chilterns University College

Crime Prevention and Community Safety provides an essential introduction to the complex issues and debates in the field of crime control and the new politics of safety and security across the globe. Collectively the contributions to this volume present a critique of current policy and open up the field of study to new directions.

While engaging with the dominant focus on `what works' in crime reduction and community safety, the book also moves beyond the traditionally narrow, technical boundaries of much previous debate.

Crime Prevention and Community Safety: New Directions looks at:

-The relationship between crime control, communities and the nation state;

-The diverse and changing sites of conflict, compromise and collusion around crime control policies;

-Wider issues relating to `risk', 'safety' and `security'.

The central feature of the volume as a whole is a commitment to exploring new directions for research and analysis, theoretically, empirically and comparatively. In opening up the varying and volatile spaces for crime prevention and community safety within the more general politics of social order, the book provides a critical rethinking of traditional connections between criminology, social policy and politics.

Crime Prevention and Community Safety will be essential reading for students of criminology, criminal justice, community safety, socio-legal studies, sociology of crime and deviance and social policy.

This is a course Reader for The Open University course D863 Community Safety, Crime Prevention and Social Control

What is happening to the uneasy relationship between the States and the Union in the United States and the European Union? How to make subsidiarity and devolution work better on both sides of the Atlantic? And what are the new models of governance beyond the state that can sustain the challenge of legitimacy? This book brings together an impressive array of historians, political scientists, legal scholars and political economists to address these questions and articulate a Federal Vision for the 21st century.

What is happening to the uneasy relationship between the States and the Union in the United States and the European Union? How to make subsidiarity and devolution work better on both sides of the Atlantic? And what are the new models of governance beyond the state that can sustain the challenge of legitimacy? This book brings together an impressive array of historians, political scientists, legal scholars and political economists to address these questions and articulate a Federal Vision for the 21st century.

Between 1980 and 2000, local authorities in the UK were required by the Local Government, Planning and Land Act 1980, and later by the Local Government Acts of 1988 and 1992, to demonstrate competitiveness in procurement through a statutory Compulsory Competitive Tendering (CCT) procedure regulated by the Secretary of State. Although CCT was abolished in January 2000, its intensive application over a 20-year period has left a lasting legacy in the conduct of local public procurement in the UK. In addition, the interaction of CCT and European law - in particular, that relating to public procurement and the transfer of undertakings - continues to have significance for local authorities throughout the EU. This book is the outcome of research into the effects of CCT on two English local authorities. Its detailed analysis examines the CCT legislation, the principal legal and practical issues that it raised both in the UK and for the EU, its effects on the two local authorities selected for study and the broader implications for local public procurement in general.

This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

This book provides an account of the development of the European Union, from a relatively specialized organ of economic cooperation in the 1960s to the complex, quasi-federal entity that today governs over an increasingly diverse set of policy domains. The book is a must for anyone interested in understanding the past and future of European integration and supranational governance.

This reference work provides important information about the role academic research has played in the ever-evolving laws covering homosexuality. A comprehensive overview of homosexuality and the law, this fascinating dictionary opens with a history of the Gay Rights Movement which started in Germany during the l860s with Karl Heinrich Ulrich, the "Grandfather of Gay Liberation," who wrote 12 books including, Researches on the Riddle of Love Between Men. Homosexuals were later herded into Nazi concentration camps, where 50,000 of them died. When the war ended, Allied commanders forced homosexuals to finish their prison sentences. This book has 112 entries on subjects such as absurd sex laws, the Crittendon Report, the Boy Scouts, the l996 Defense of Marriage Act, surgical alterations, discrimination, sodomy, loitering, wills, and more. A nearly 100 page appendix details state and local laws. The book includes a list of advocacy organizations and other references, a table of cases, and an extensive bibliography. Includes thoughtful coverage of transsexual, transgendered, and intersexed legal concerns Presents the most current information on the legal status of homosexuals in an easily navigated dictionary format