This book, the first to be written about the Lake Babine Nation in north-central British Columbia, examines its traditional legal order, self-identity, and their involvement in current treaty negotiations.Changing relations between the First Nations and the Canadian state have led to a new awareness of customary legal orders. These orders can help the state accommodate diverse approaches to judicial fairness and social justice, and offer a way for Aboriginal nations to maintain their identity and moral order.

The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.

Robson tackles controversial legal questions, including the treatment of lesbian criminal defendants; lesbianism and violence; the courts' tendency to resort to stereotypes, such as "the good lesbian" and "the bad lesbian"; the numerous debates enveloping same-sex marriage; and the outcome of child custody cases involving lesbians. She also repudiates the recent habit of legal theorists to address lesbians as "alternative family."

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

Until this century, married women had no legal right to hold, use, or dispose of property. Since the ownership of property is a critical measure of social status, the married women's property acts of the nineteenth century were important landmarks in the legal emancipation of women. Reform campaigns represented the first organized attempts by women in Upper Canada to challenge their status in society. Ironically, emancipation was not the first goal of reformers: their demands reflected a concern with protection from economic instability. The laws granting women new rights and privileges were designed to force men to behave more responsibly and to mitigate the worst hardships imposed upon wives by abusive or negligent husbands.

The most detailed and complete account of married women's property law reform yet written for any North American jurisdiction, this fascinating study will be of interest to those in the areas of law, women's studies, and nineteenth-century social history.

Until this century, married women had no legal right to hold, use, or dispose of property. Since the ownership of property is a critical measure of social status, the married women's property acts of the nineteenth century were important landmarks in the legal emancipation of women. Reform campaigns represented the first organized attempts by women in Upper Canada to challenge their status in society. Ironically, emancipation was not the first goal of reformers: their demands reflected a concern with protection from economic instability. The laws granting women new rights and privileges were designed to force men to behave more responsibly and to mitigate the worst hardships imposed upon wives by abusive or negligent husbands.

The most detailed and complete account of married women's property law reform yet written for any North American jurisdiction, this fascinating study will be of interest to those in the areas of law, women's studies, and nineteenth-century social history.

In 1894, disturbed by the blatant collusion between the courts and industry against labor during the Pullman Strike, Clarence S. Darrow (1857-1938) resigned from his lucrative job as chief counsel for the Chicago and North Western Railway to defend, without fee, Eugene V. Debs, president of the nascent American Railway Union. His bold action - the first of many - marked the beginning of one of the most extraordinary and influential legal careers in American history. In The Story of My Life he recounts, and reflects on, his more than fifty years as a corporate, labor, and criminal lawyer, including the most celebrated and notorious cases of his day: establishing the legal right of a union to strike in the Woodworkers' Conspiracy Case; exposing, on behalf of the United Mine Workers, the shocking conditions in the mines - and the widespread use of child labor; defending Leopold and Loeb for the Chicago "thrill" murder; defending a teacher's right to present the Darwinian theory of evolution in the famous "monkey" trial; fighting racial hatred in the Sweet anti-Negro and Scottsboro cases; and much more. Written in his disarming, conversational style, and full of refreshingly relevant views on capital punishment, civil liberties, and the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.

"Americanization of the Common Law" remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one.

For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

A Breach of Impunity is an account of one of the most consequential trials in recent history and one which has lasting implications for the establishment of human rights in El Salvador. It is an account of the trial of the nine member s of the El Salvadoran military accused of the assassination of six Jesuits priests, their cook, and her 15-year-old daughter at the Central American University in San Salvador, November 16, 1989. Although the Jesuits are not the first religious victims of the Salvadoran Civil War, which has claimed the lives of 75,000, the assassinations have touched off world-wide concern over the issue of the government's response to military terrorism.

This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change.

What can abortion and divorce laws in other countries teach Americans about these thorny issues? In this incisive new book, noted legal scholar Mary Ann Glendon looks at the experiences of twenty Western nations, including the United States, and shows how they differ, subtly but profoundly, from one another. Her findings challenge many widely held American beliefs. She reveals, for example, that a compromise on the abortion question is not only possible but typical, even in societies that are deeply divided on the matter. Regarding divorce, the extensive reliance on judicial discretion in the United States is not the best way to achieve fairness in arranging child support, spousal maintenance, or division of property-to judge by the experience of other countries. Glendon's analysis, by searching out alternatives to current U.S. practice, identities new possibilities of reform in these areas. After the late 1960s abortion and divorce became more readily available throughout the West-and most readily in this country-but the approach of American law has been anomalous. Compared with other Western nations, the United States permits less regulation of abortion in the interest of the fetus, provides less public support for maternity and child-rearing, and does less to mitigate the economic hardships of divorce through public assistance or enforcement of private obligations of support. Glendon looks at these and more profound differences in the light of a powerful new method of legal interpretation. She sees each country's laws as part of a symbol-creating system that yields a distinctive portrait of individuals, human life, and relations between men and women, parents and children, families and larger communities. American law, more than that of other countries, employs a rhetoric of rights, individual liberty, and tolerance for diversity that, unchecked, contributes to the fragmentation of community and its values. Contemporary U.S. family law embodies a narrative about divorce, abortion, and dependency that is probably not the story most Americans would want to tell about these sad and complex matters but that is recognizably related to many of their most cherished ideals.

The military trial of William Calley for his role in the slaughter of five hundred or more Vietnamese civilians at My Lai shocked a nation already sharply divided over a controversial war. In this superb retelling of the My Lai story through the prism of the law, Michal Belknap provides new perspectives and keen insights into core issues about the war that still divide Americans today.

One of the most highly publicized trials of its day, the Calley case emerged at a time when protests against the war were growing larger, louder, and more intense. Well aware of this, the Nixon administration sought to downplay the My Lai incident, which military officers in Vietnam had tried to cover up in order to protect their own careers and reputations. It might never have come to light had it not been for the efforts of Vietnam veteran Ron Ridenhour and journalist Seymour Hersh. Their investigations revealed the full extent of the My Lai tragedy, further inflamed the antiwar movement, and brought to trial Lieutenant William Calley.

Unfolding the Calley case step by step, Belknap shows how our system of military justice actually works. His dramatic reenactment takes readers through every stage of the trial, from pre-trial investigations to actual courtroom exchanges among prosecutors, defenders, witnesses, and judges. In the process, he reveals how a court-martial conducted within the public eye transformed a purely legal proceeding into a political debate about the conduct of the war. Calley's trial clearly demonstrated both how deeply the Vietnam War had divided our nation and how difficult it was for any court to deliver justice under such intense media coverage.

Scrupulously fair to all parties involved, Belknap portrays Calley as both criminal and victim-guilty of the crimes of which he stood accused, but also an unintended scapegoat of the American military machine. His court-martial, for hawks and doves alike, epitomized all that was wrong with our involvement in Vietnam.

By reopening the Calley case, Belknap helps a new generation of readers better understand why the Vietnam War was so controversial and damaging to national unity. His book, however, also provides insights that apply well beyond events of a particular war, suggesting that the grim lessons of My Lai will continue to shadow the conduct of America's present and future wars.

Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

Reparation and the place of the victim in the criminal justice process have been the focus of recent legislation and policy initiatives. As a result practitioners are required to place more emphasis on working with victims. The contributors to this book bring together research material from the wide range of disciplines involved and present an overview of the information needed for effective practice. They examine the practicalities of reparation orders, family group conferencing, restorative cautioning schemes and the workings of youth offending teams. They also evaluate the effects of legislation such as the Crime and Disorder Act and the Victim's Charter and explore issues raised by specific types of crime such as urban and rural crime, 'hate crimes' and male violence in the home. This book is essential reading for all agencies and individuals working with offenders and their victims.

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece. Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar. Introducing this fourth and final volume, Of Public Wrongs, Thomas A. Green examines Blackstone's attempt to rationalize the severity of the law with what he saw as the essentially humane inspiration of English law. Green discusses Blackstone's ideas on criminal law, criminal procedure, and sentencing.

Over the last twenty-five years, there has been an acceleration in the move from government regulation towards privatization. "Governance, Regulation, and Privatization in the Asia-Pacific Region" is the first thoroughgoing account of the relative success of the different approaches to privatization as undertaken in Korea, China, Australia, and Japan.
In most contexts, privatization is expected to yield greater efficiency and cost effectiveness while avoiding the corruption and bloated budgets of government regulation or monopoly control. But broad-scale privatization, if ill designed, has also yielded its share of difficulties in East Asia. Privatization sometimes has created a vacuum in corporate governance for some of the region's most important industries and in some cases merely reinstated the monopoly-like configurations. The papers presented in this book discuss the experiences of privatization in several industries, including railroad and telecom, corporate governance problems, accounting issues, and challenges for the future in East Asian countries.
The first section is theoretical in nature and proposes boundaries among government protection, market freedom, and shareholder expectations. The second part is constituted by country case studies, beginning with an analysis of both the Korean financial crisis that followed its 1997 law to privatize large, public sector corporations and the new ways Korean corporations finance themselves. Following is an evaluation of China's approach to privatization, with an in-depth look at the financial transitions of companies slated for initial public offering.
Providing provocative examples of the methods of privatization in theAsia-Pacific region specifically, these papers will be of huge import to any economist or policymaker interested in transposing those successes for their own region.

Thousands of rules affect our work and play, what we buy, and how we get along with our neighbors. This book meets the need of students and general readers alike for a comprehensive introduction to the American legal system. It explains how laws are made and brilliantly explores the way changes in law mirror, and sometimes guide, changes in society . Lawrence Friedman now offers a revised and updated edition of his comprehensive introduction to the American legal system. Rich in anecdote and historical detail, this invaluable book makes the bewildering complexity of American law understandable to us all. It explains how laws are made, from the United States Constitution to the small-town zoning board, and how law is administered by courts and agencies at every level of government. It describes the tremendous variety of law: antitrust law, family law, torts (the law of accidents), criminal justice, rules for packaging medicine and food. And it brilliantly explores important trends to reveal the way changes in law mirror, and sometimes guide, changes in society.

American legal history is traditionally viewed as a series of schools of thought or landmark court decisions, not as the work of individuals. Here, N. E. H. Hull tells the pivotal story of American jurisprudence through two of its most influential shapers: Karl Llewellyn, father of legal realism, poet, and mercurial romantic, and Roscoe Pound, iron-willed leader of sociological jurisprudence. These theorists adapted the legal profession to the changing needs of twentieth-century America.
Through meticulous archival research, Hull shows how the intellectual battles of the day took place against a network of private and public relationships and demonstrates how Pound's and Llewellyn's ideas of jurisprudence sprang from a kind of intellectual bricolage, the pragmatic assemblage of parts rather than the development of a unified whole, that is peculiarly American. Humorous, engaging, and provocative, "Roscoe Pound and Karl Llewellyn" uncovers the roots of American jurisprudence in the lives of two of its most compelling figures.

In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato present an economic approach to the law, to challenge commonly held ideas about the law. Where many studies assume that Japanese law differs fundamentally from law in the United States, this work shows the essential similarity between the two. Arguing against the idea that law plays only a trivial role in Japan or is culturally determined, the authors demonstrate that standard economic models in fact explain fundamental facets of the way Japanese manipulate the law. This study covers almost all the basic areas of Japanese law: property, contracts, torts, corporate, civil procedure, criminal law, administrative procedure, and tax. Ramseyer and Nakazato draw liberally from case law, and after outlining legal doctrine, they use economic theory and empirical data to sketch the implications the law poses for human behaviour.

Intellectual Property: Text and Essential Cases takes the reader to the forefront of this dynamic area of law. As in the first edition it provides a comprehensive, in-depth and engaging exposition of the principles of Intellectual Property Law and selected case extracts that illustrate the law's evolution and challenges. It covers Copyright, Moral Rights, Performers' Protection, Patents, Trade Marks, Passing Off and related actions, Designs, Plant Breeder's Rights, Circuit Layouts and Confidential Information. The second edition of Intellectual Property: Text and Essential Cases includes detailed consideration of the changes introduced by the US Free Trade Agreement Implementation Act 2004 including copyright and moral rights for live performers in sound recordings; copyright and moral rights for performers of expressions of folklore; a new definition of reproduction and material form; an extension of the duration of copyright protection; new laws relating to electronic rights management, encoded broadcasts and carriage service providers; and the protection of patents for therapeutic goods. There is also a new chapter on Biotechnology Patents and coverage of other major developments and issues such as the application of Designs Act 2003; the abolition of the food exemption and the attack on farmer's rights under Plant Breeder's Rights Act 1994; whether trade mark law can adequately protect cultural icons; and the proposed introduction of moral rights for Indigenous communities.

Drawing special attention to: Real Estate Investment Trusts (Assessment and Recovery of Tax) Regulations 2006.