One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, ""Who are we?"" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.

Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states that "The primary function of the OSTP Director is to provide, within the Executive Office of the President EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government." Further, "The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government." The President nominates the OSTP Director, and he is subject to confirmation by the Senate. In many Administrations, the President has concurrently appointed the OSTP Director to the position of Assistant to the President for Science and Technology Policy (APST), a position which allows for the provision of confidential advice to the President on matters of science and technology. President Obama both appointed John Holdren as Assistant to the President for Science and Technology (APST) and nominated him as OSTP Director, a position to which the Senate confirmed him. While Congress can require the OSTP Director to testify, the APST may decline requests to testify on the basis of separation of powers and/or executive privilege. The APST manages the National Science and Technology Council (NSTC), an interagency body established by Executive Order 12881 that coordinates science and technology (S&T) policy across the federal government. The APST also co-chairs the President's Council of Advisors on Science and Technology (PCAST), a council of external advisors established by Executive Order 13539 that provides advice to the President. In FY2011, Congress sought to restrict OSTP from engaging in certain activities with China or any Chinese-owned company by prohibiting the use of appropriated funds for these activities (P.L. 112-10). The OSTP expended a portion of its FY2011 appropriation to engage in activities with China that Congress sought to proscribe. The Department of Justice and OSTP asserted that this congressional effort infringed upon the President's constitutional authority to conduct foreign diplomacy. In contrast, the Government Accountability Office (GAO) concluded that OSTP violated the Antideficiency Act, though it did not speak to the constitutional issue. Congress enacted a similar restriction for FY2012 (P.L. 112-55) and FY2013 (P.L. 112-175) and may continue its interest in the debate over its ability to restrict the activities of OSTP. Among other issues Congress may wish to consider are the need for science advice within the EOP; the title, rank, and responsibilities of the OSTP Director; the policy foci of OSTP; the funding and staffing for OSTP; the roles and functions of OSTP and NSTC in setting federal science and technology policy; and the status and influence of PCAST. Some in the S&T community support raising the OSTP Director to cabinet rank, contending that this would imbue the position with more influence within the EOP. Others have proposed that the OSTP Director play a greater role in federal agency coordination, priority-setting, and budget allocation. Both the Administration and Congress have identified areas of policy focus for OSTP staff, raising questions of policy setting and oversight. Some experts say NSTC has insufficient authority over federal agencies engaged in science and technology activities and PCAST insufficient influence on S&T policy; they question the overall coordination of federal science and technology activities. Finally, some in the scientific community support increasing the authority of the OSTP Director in the budget process so as to more strongly influence federal investment in science.

Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.

"Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law traces Caribbean legal thought and its development across many areas of law. Issues of administrative, constitutional, corporate and commercial, international, and labour law are explored in the context of the analyses of the Privy Council, the transnational dimensions of law and within the purview of the intrusive role of international law in domestic law. Edited by David S. Berry and Tracy Robinson, Transitions in Caribbean Law is the first legal collection to truly critique the work of the Caribbean Court of Justice alongside that of the Privy Council. Through the examination of well known Caribbean cases, the contributors dispel the myth that Caribbean law is flawed and posit other legal reasoning that reconcile the foundation on which Caribbean Law is based with the unique needs and realities of the Caribbean. "

In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.

"THE LAW-SCIENCE CHASM" is a socio-legal study that takes seriously the varying approaches to science that physicians and scientists use, as compared to legal actors such as judges and lawyers. Offering a way to mediate and translate their different perspectives and assumptions, Gilson uses sociological and philosophical methodologies to explain each discipline to the other.

"Gilson's book takes seriously the idea of the autopoietic closure of society's communicative subsystems and works out the consequences in particular for science and law. This analysis both lends support to the credibility of the approach adopted and sheds light on the problems and the direction in which potential solutions might lie.... The book consequently makes an important contribution not only to the literature dealing with the relationship between science and law but also to the literature dealing with the application of autopoietic systems theory to tangible concerns. This book is therefore of clear significance to those continuing to wrestle with the challenges thrown up by science for law and policy even when the spotlight of public attention is directed elsewhere."

- JOHN PATERSON, Professor of Law,
University of Aberdeen (from the Foreword)

Part of the new "Dissertation Series" from Quid Pro Books.

An experiment in the late 1990s and an independent evaluation of the experiment determined that providing long-distance health care to inmates is feasible through a system called telemedicine. Telemedicine uses telecommunications equipment that allows health care providers to see and diagnose inmates in prisons located far from health care providers' offices. The experiment showed that prisons could improve inmate health care by providing remote access to more medical specialists while reducing prisoner transport costs and related security management costs. The National Institute of Justice (NIJ) and Bureau of Prisons, U.S. Department of Justice; and the U.S. Department of Defense cooperated in the experiment. Several Federal prisons with different missions and security levels were connected via a telemedicine network. One of the Federal prisons was a medical center. A Veterans' Administration hospital in Lexington, Kentucky, was also part of the network. An independent evaluation of the experiment showed that telemedicine could play an important role in delivering quality health care in correctional systems. The costs and benefits vary according to the type and nature of institution requirements, but the costs of telemedicine equipment are continuing to decline. The success of the telemedicine demonstration project led to the decision to use the information from that study to develop a manual on implementing correctional telemedicine. The information in this manual can be used by correctional administrators who are evaluating whether telemedicine is an acceptable approach to providing medical care in their facility. This report provides a model for estimating the relative costs of telemedicine-the provision of health care over a distance using telecommunications technology-under varying conditions in a correctional setting. With the information tools provided in this document, the correctional administrator will be able to determine if telemedicine is a cost-effective option. Information in this report is based on a study of the cost-effectiveness of telemedicine in a correctional system.

Public Office, Private Interests: Accountability through Income and Asset Disclosure examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool. It draws on detailed case studies that are published in a companion volume: Income and Asset Disclosure: Case Study Illustrations The companion volume Income and Asset Disclosure: Case Study Illustrations includes case studies of the IAD systems in Argentina, Croatia, Guatemala, Hong Kong SAR, Indonesia, Jordan, the Kyrgyz Republic, Mongolia, Rwanda, Slovenia, and the United States. Case studies were conducted through review of the legal framework, desk research and interviews with practitioners, academics, and representatives of civil society. Each case study outlines the legal framework for the IAD regime, the mandate and structure of the IAD agency, and the resources and procedures of the IAD system. The characteristics of each system are highlighted along with other findings that illuminate the challenges faced in implementing the system, the steps taken, and the progress achieved by the IAD agency in fulfilling its mandate. There are a wide variety of approaches in IAD system design and implementation and a wide variety of challenges faced by different systems. New and emerging IAD systems may face challenges associated with resource and capacity constraints, political resistance to implementation, a lack of public awareness, or limited civil society capacity to support anticorruption efforts. Many established systems may also face the need to revise the legal framework, institutional arrangements, or enforcement mechanisms once it becomes apparent that original assumptions do not deliver expected results or unanticipated challenges emerge. There is no single optimal approach to IAD system design and implementation. Context is essential. These volumes do not, therefore, attempt to lay out a standard approach for IAD administration. Rather, they identify the objectives, features, and mechanisms that can contribute to the effectiveness of an IAD system and enhance its impact as a prevention and enforcement tool."

One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.

Much of the current reassessment of race, culture, and criminal justice in the nineteenth-century South has been based on intensive community studies. Drawing on previously untapped sources, the nine original papers collected here represent some of the best new work on how racial justice can be shaped by the particulars of time and place.

Although each essay is anchored in the local, several important larger themes emerge across the volume--such as the importance of personality and place, the movement of former slaves from the capriciousness of "plantation justice" to the (theoretically) more evenhanded processes of the courts, and the increased presence of government in daily aspects of American life.

"Local Matters" cites a wide range of examples to support these themes. One essay considers the case of a quasi-free slave in Natchez, Mississippi--himself a slaveowner--who was "reined in" by his master through the courts, while another shows how federal aims were subverted during trials held in the aftermath of the 1876 race riots in Ellenton, South Carolina. Other topics covered include the fear of black criminality as a motivation of Klan activity; the career of Thomas Ruffin, slaveowner and North Carolina Supreme Court Justice; blacks and the ballot in Washington County, Texas; the overturned murder conviction of a North Carolina slave who had killed a white man; the formation of a powerful white bloc in Vicksburg, Mississippi; agitation by black and white North Carolina women for greater protections from abusive white male elites; and slaves, crime, and the common law in New Orleans.

Together, these studies offer new insights into the nature of law and the fate of due process at different stages of a highly racialized society.

The law affects us all, and even your most basic day-to-day choices and actions have legal implications. Yet few people have much knowledge of the law or understand complicated legal terminology – and lawyers’ fees are beyond many people’s reach.

This book will provide you with the necessary information on a wide range of legal issues that may impact on your daily life – at work, in the home, on the road, in the marketplace, and in the courtroom.

Written by experts specifically for the layperson, the book’s everyday language is free of obscure legal jargon. It is easily understandable, informative and essential for each and every household in South Africa.

What’s new in the third edition?

This new edition includes new or expanded information on parental rights and responsibilities; custody issues and adoption; running a business; companies and close corporations; debt review; traffic offences and accidents; the Consumer Protection Act and the National Credit Act.

The definitive dictionary reference for all students of law and legal practitioners.

The Business of Sports, Second Edition is a comprehensive collection of readings that focus on the multibillion-dollar sports industry and the dilemmas faced by todays sports business leaders. It contains a dynamic set of readings to provide a complete overview of major sports business issues. The Second Edition covers professional, Olympic, and collegiate sports, and highlights the major issues that impact each of these broad categories. The Second Edition continue to provide insight from a variety of stakeholders in the industry and cover the major business disciplines of management, marketing, finance, information technology, accounting, ethics and law. In addition, it features concise introductions, targeted discussion questions, and graphs and tables to convey relevant financial data and other statistics discussed. This book is designed for current and future sports business leaders as well as those interested in the inner-workings of the industry.

An associate justice on the renowned Warren Court whose landmark ruling in Brown v. Board of Education overturned racial segregation in schools and other public facilities, Tom C. Clark was a crusader for justice throughout his long legal career. Among many tributes Clark received, Supreme Court Chief Justice Warren Burger opined that "no man in the past thirty years has contributed more to the improvement of justice than Tom Clark."

Supreme Court Justice Tom C. Clark is the first biography of this important American jurist. Written by his daughter, Mimi Clark Gronlund, and based on interviews with many of Clark's judicial associates, friends, and family, as well as archival research, it offers a well-rounded portrait of a lawyer and judge who dealt with issues that remain in contention today--civil rights, the rights of the accused, school prayer, and censorship/pornography, among them. Gronlund explores the factors in her father's upbringing and education that helped form his judicial philosophy, then describes how that philosophy shaped his decisions on key issues and cases, including the internment of Japanese Americans during World War II, the investigation of war fraud, the Truman administration's loyalty program (an anti-communist effort), the Brown decision, Mapp v. Ohio (protections against unreasonable search and seizure), and Abington v. Schempp (which overturned a state law that required reading from the Bible each day in public schools).

Justice Iyer is one of the versatile authors who has written on each and every aspect of law and beyond, maintaining lucidity and depicting ocean deep knowledge of the subject. His dynamic and enlightened idea on law and contemporary jurisprudence is a path-making source for the present and future judicial system. Out of multifarious activities of his life he always works out the time in writing for law and techno-socio matters, that becomes the flow of inspiration for the lawyers, judges and the common people, not only in our own land but also in other parts of the world. This bouquet of articles was specially handpicked by the author himself to cater to different flavours of lawyers, laymen and judges in India and abroad. This present collection contains articles on Judges, Judicial System, Constitutional Law, Democracy, Arbitration, Jurisprudence, Indian and International Socio-Political topics and much more.

Part I: Food and Drugs Act - Part A: Administration - Part C: Drugs Division 1 - Division 1A: Establishment Licences - Division 2: Good Manufacturing Practices Part II: Guidance Documents Part III: Annexes to the Current Edition of the Good Manufacturing Practices (GMP) Guidelines Part IV: Questions and Answers Part V: International Conference on Harmonisation (ICH) Guidance Documents - ICH Q1A(R2): Stability Testing of New Drug Substances and Products - ICH Q1B: Stability Testing: Photostability Testing of New Drug Substances and Products - ICH Q1C: Stability Testing for New Dosage Forms - ICH Q2(R1): Validation of Analytical Procedures: Text and Methodology - ICH Q7A: Good Manufacturing Practice Guide for Active Pharmaceutical Ingredients - ICH Q9: Quality Risk Management, Part VI: Compliance Policies Part VII: Forms Part VIII: Extensive Index

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.>

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.

Refusal, transition and post-apartheid Law under editorship of Prof Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle's call for a 'jurisprudence of generosity', enabled through an 'ethics of refusal', signals a new shift in South African jurisprudence. Through the lens of Van Marle's ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.

Since the first shots rang out at Lexington and Concord, signaling the beginning of open war between the colonies and England, America has been credited with a singular conviction, a concern for military veterans' and others' economic and political rights. The idea of America as a promised land of economic opportunity, social mobility, and political freedom has not always flourished. Historians have both given it reality and shaken its substance as they exposed an undercurrent of greed, class conflict, and corruption.

In this book Harold Hyman explores the question of American singularity, using the Northwest Ordinance, the Homestead and Morrill acts, and the G.I Bill to measure individual access to land, education, and law.

The Northwest Ordinance, enacted in 1787 to encourage settlement of the nation's untamed territories, mandated the establishment of public schools and stable property rights in newly settled lands--specific terms which enshrined the basic liberties secured by the Revolutionary War. Hyman shows that through the Homestead and Morrill acts of 1862, legislators sought to preserve the values of the Union and to prepare for the entrance of the black man into citizenship. Equal access to public lands in the West and to state land-grant universities, countered the economic and social injustices blacks and poor whites would face after the Civil War. Finally, Hyman asserts that the G.I. Bill preserved beneficial social programs forged during the depression, carrying into post-World War II America a widespread concern for education and housing opportunities.

Examining the legislation that emerged from three periods of conflict in American history, Hyman reveals a consistent pattern favoring equal access to land, education, and law--a progression of singular, if sometimes flawed, attempts to embody in our statutes the values and aspirations that sparked our major wars.

After I began to practice, I realized that the attorneys that I practiced with were more often than not in a fowl mood. Some were never cheerful or pleasant. I enjoyed most of the work involved in my practice, but many of my associates did not. After about nine months, I decided that the main problem with the profession was that there were too many attorneys. The pressure of having to compete for clients and advertise just to survive made it unbearable for nearly every one I met. For example, I had a friend who had quit a lucrative position with an insurance agency to attend law school and, then, to practice law. We would go to lunch together on many occasions. He had a wife, who worked full time and they had several children. The conversion at lunch always turned into his complaining about the lack of business or fees for his practice. He complained so much that I got to the point I didn't enjoy going to lunch with him anymore. At times I have tried to call other lawyers about a particular case only to get a recording saying that the phone had been temporarily disconnected. This has happened with lawyers who had been practicing for twenty years Well, I decided that I could do my part to correct this situation. I knew it wouldn't be easy, but this book is my attempt to help potential attorneys see if they really want to be lawyers and, more importantly, to see if the law profession wants them.

This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.

Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In "A Kentucky Ghost Story," he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. "Cost of Love" recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fianc? for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky's most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky's "truly great men," with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.