A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

Contemporary Corrections: A Critical Thinking Approach introduces readers to the essential elements of the US corrections system without drowning students in a sea of nonessential information. Unbiased and accessible, the text includes coverage of the history of corrections, alternatives to incarceration, probation/parole, race/ethnicity/gender issues in corrections, re-entry into the community, and more. The authors' unparalleled practical approach, reinforced by contemporary examples, illuminates the role corrections plays in our society. The authors have reinvigorated earlier work with additional content on international comparative data to increase our understanding of how prison officials in other nations have developed different types of responses to the problems that challenge every US correctional administrator, a new chapter on correctional personnel, and an integration of race and ethnicity issues throughout the book. Unrivaled in scope, this book offers undergraduates a concise but comprehensive introduction to corrections with textual materials and assignments designed to encourage students' critical thinking skills.

In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.

This book details possible ethical situations and pitfalls that forensic psychiatric experts would commonly encounter when making a court testimony. Richly illustrated with cases from medicine, psychiatry, and law, this elegantly written volume examines the common moral ground that links these usually separate domains, and relates forensic ethics to larger concepts of morality and justice.

This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.

"Legal and economic analyses overlap and interact in many areas. Recent U.S. Supreme Court and lower court decisions on class action lawsuits clearly focus on the critical role that economic analysis plays in determining the outcome of class actions. Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend have made national headlines, raising the bar in class certification for showing common impact and preponderance through expert testimony. These decisions have turned on the adequacy of the analyses put forth by expert economists, finding the analyses of the plaintiffs' economists to be insufficient. The decisions will have significant implications for use of expert testifiers in class certification and in estimation of monetary damages, presenting challenges to both attorneys and economists in antitrust and other class actions. This book focuses on the changing landscape of class action law and its interaction with the economic analysis of key issues in class actions. Articles examine the elements of class action law from diverse viewpoints, featuring defendant and plaintiff perspectives, concerning domestic and international law, and written by lawyers and economists."

Exploring the little-known history behind the legal doctrine of prior appropriation-"first in time is first in right"-used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines-a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

There is a growing acknowledgment amongst professionals and academics that we need to develop new responses to crime. This book provides an insight into the first introduction of restorative justice to the criminal justice system in the Republic of Ireland. By analysing six case studies of restorative conferencing events, the authors aim to address the salient question of how restorative conferencing for young offenders can facilitate an exchange process whereby forms of reparation and social regulation may be achieved. The restorative justice process has much to offer, and the authors argue that this concept, particularly as it centres on the greater use of non custodial sentences, will not only bring about changes in the law but also have significant implications for social regulation.

This book brings together Foucault's writings on crime and delinquency, on the one hand, and sexuality, on the other, to argue for an anti-carceral feminist Foucauldian approach to sex crimes. The author expands on Foucault's writings through intersectional explorations of the critical race, decolonial, critical disability, queer and critical trans studies literatures on the prison that have emerged since the publication of Discipline and Punish and The History of Sexuality. Drawing on Foucault's insights from his genealogical period, the book argues that those labeled as sex offenders will today be constructed to re-offend twice over, once in virtue of the delinquency with which they are inculcated through criminological discourses and in the criminal punishment system, and second in virtue of the manners in which their sexual offense is taken up as an identity through psychological and sexological discourses. The book includes a discussion of non-retributive responses to crime, including preventative, redistributive, restorative, and transformative justice. It concludes with two appendixes: the original 19th-century medico-legal report on Charles Jouy and its English translation by the author. Foucault, Feminism, and Sex Crimes will be of interest to feminist philosophers, Continental philosophers, Women's and Gender Studies scholars, social and political theorists, as well as social scientists and social justice activists.

This book addresses the body of statutory and case law covering both the military and military conduct. Four chapters discuss the relationship between the Supreme Court and military justice, covering the Civil War era, World War II, the post-war period from 1956 to 1987, and developments since the September 11, 2001, attacks. Each chapter also includes a set of documents that shed light on these periods of U.S. history. Excerpts from key Supreme Court briefs and rulings are complemented by articles from the Army Times, the Armed Forces Journal, and mass media including the New York Times and The Nation. Incisive introductions to these documents explain the evolution of constitutional law and the ways in which federal and state statutes have lessened the effectiveness of both civilian control over the military and civilian judicial oversight.

A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families.

This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Understanding prisons and the policies surrounding them is of fundamental importance to students and practitioners of criminology and related fields. This concise and accessible guide offers a compendium of key information, theories, concepts, research and policy, presenting a rounded and critical overview of the prison system in England and Wales. Covering the historical and contemporary context of prisons, the text guides the reader through prison life as experienced by different groups such as women, the work of prison officers and a tour of international prisons. Each chapter features key learning items: * an overview and summary; * learning outcomes; * end of chapter questions; * definitions of key terms and concepts; * examples and illustrative case studies; * summary boxes of key research studies and further reading. Focusing on the experiences of stakeholder groups and the themes of power, legitimacy and rehabilitation, the book concludes with an overview of the future challenges for prisons.

This book discusses the relationship, interaction and conflict between everyday life and various institutions in a specific village in North China, with a focus on the formal and informal legal systems. It vividly describes the village's "legal construction problems" as well as the customs and laws, and such it can be seen as a historical and innovative comment on China's problems. The book is based on the author's field investigations assessing vast amounts of material concerning local organizations, formal and informal authorities, economic exchange, religious rituals, as well as interviews with villagers and numerous court files. It presents an in-depth exploration of "pluralism of authority" in China's rural society, and examines how various authorities were formed. It also summarizes how various local disputes are resolved and discusses the villagers' understanding of the concept of "justice." Lastly, it suggests ways in which national law and local customs could communicate and collaborate.

This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.

Forensic Science in Court explores the legal implications of forensic science an increasingly important and complex part of the justice system. Judge Donald Shelton provides an accessible overview of the legal aissues, from the history of evidence in court, to "gatekeeper" judges determining what evidence can be allowed, to the "CSI effect" in juries. The book describes and evaluates various kinds of evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, and bloodstain evidence. Assessing the strengths and limitations of each kind of evidence, the author also discusses how they can contribute to identifying the "who," "how," and "whether" questions that arise in criminal prosecutions. Author Donald Shelton draws on the depth of his experiences as courtroom prosecutor, professor, and judge, to provide a well-rounded look at these increasingly critical issues. Case studies throughout help bring the issues to life and show how forensic science has been used, both successfully and not, in real-world situations."

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region's legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book's closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

Though criminology took root in Russia in the early 1800s and has gone through various stages of maturation-paralleling developments of the discipline in Europe and North America over the last two centuries-its contributions and presence in the field is hardly noticeable in the English-speaking world. The objective of this book is by no means to fill that void, but rather to bring together the recent developments in Russia, keeping in context its rich history of criminological legacies, traditions, and its current experiences and growth since the restructuring of Soviet Union. This book was originally published as a special issue of the International Journal of Comparative and Applied Criminal Justice.

It is generally accepted that men commit more crimes than women. The widespread acceptance of this view is based primarily on the number of convictions with most jurisdictions reporting considerably fewer incarcerated women/girls than men/boys. This manuscript argues however that decisions made by the various stakeholders that play a role in the incarceration of men are inherently gendered. These decisions are based on patriarchal perceptions and stereotypes related to the familial roles of men and women, and by extension their motivations or offending. Few studies have sought to explore the nature of these perceptions, and the effect these may have on incarceration patterns. Indeed, this form of inquiry remains absent from the research agenda of Caribbean criminologists. Using qualitative data from Barbados, this book analyses the extent to which these factors are taken into consideration not only by the police and members of the judiciary, but by examining the gendered decisions made by shop managers and proprietors in cases involving shoplifting, it seeks to analyse the extent to which these factors are taken into consideration before incidents reach the justice system. Critically, this book seeks also to juxtapose these assumptions against testimony from men incarcerated at Her Majesty's Prison. The large proportion of males in Caribbean prisons when compared to their female counterparts necessitates an investigation into the factors that may contribute to differential treatment as they move through the justice system. Using data from Barbados, the present study seeks to fill this need.

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004