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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General

Deadly Justice - A Statistical Portrait of the Death Penalty (Hardcover): Frank Baumgartner, Marty Davidson, Kaneesha Johnson,... Deadly Justice - A Statistical Portrait of the Death Penalty (Hardcover)
Frank Baumgartner, Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, Colin Wilson
R3,406 Discovery Miles 34 060 Ships in 12 - 17 working days

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and-not least-the Supreme Court itself.

Law of the Sea in South East Asia - Environmental, Navigational and Security Challenges (Hardcover): David Letts, Donald R.... Law of the Sea in South East Asia - Environmental, Navigational and Security Challenges (Hardcover)
David Letts, Donald R. Rothwell
R4,067 Discovery Miles 40 670 Ships in 12 - 17 working days

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

State Law, Dispute Processing And Legal Pluralism - Unspoken Dialogues From Rural India (Hardcover): Kalindi Kokal State Law, Dispute Processing And Legal Pluralism - Unspoken Dialogues From Rural India (Hardcover)
Kalindi Kokal
R4,079 Discovery Miles 40 790 Ships in 12 - 17 working days

This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Language and Power in Court - A Linguistic Analysis of the O.J. Simpson Trial (Hardcover): J. Cotterill Language and Power in Court - A Linguistic Analysis of the O.J. Simpson Trial (Hardcover)
J. Cotterill
R2,931 Discovery Miles 29 310 Ships in 10 - 15 working days

Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors.

Life without Parole - America's New Death Penalty? (Paperback, New): Charles J. Ogletree, Jr., Austin Sarat Life without Parole - America's New Death Penalty? (Paperback, New)
Charles J. Ogletree, Jr., Austin Sarat
R714 Discovery Miles 7 140 Ships in 12 - 17 working days

Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

History of the Supreme Court of the United States (Hardcover, New): George Lee Haskins, Herbert A. Johnson History of the Supreme Court of the United States (Hardcover, New)
George Lee Haskins, Herbert A. Johnson
R4,822 Discovery Miles 48 220 Ships in 12 - 17 working days

Foundations of Power: John Marshall, 1801-1815 is the second volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. The volume covers the beginnings of the Supreme Court under Chief Justice John Marshall and surveys the first fourteen years of John Marshall's tenure. The authors describe the judicial business transacted by the chief justice and the ten Associate Justices with whom he served during those years. They argue that John Marshall's great accomplishment as Chief Justice was to establish the rule of law as the basis of the Supreme Court's jurisprudence. The book chronicles how, by becoming 'a bulwark of an identifiable rule of law as distinct from the accommodations of politics', the relatively feeble institution of the 1790s moved toward the authoritative Marshall Court of 1819.

Essential Magistrates' Courts Law (Paperback): Howard Riddle, Robert Zara Essential Magistrates' Courts Law (Paperback)
Howard Riddle, Robert Zara
R671 Discovery Miles 6 710 Ships in 9 - 15 working days

Hugely informed and presented in an accessible format, Essential Magistrates' Courts Law contains invaluable information and explanations of the central laws, procedures and practices of these courts. The legal framework of summary justice has changed comprehensively in the past ten to 15 years including in terms of evidence, procedure, guidelines, sentencing, judicial training and the fair but efficient expedition of cases. The book is designed to complement these developments as well as modern-day aspects of case management.

Measuring Judicial Activism (Hardcover): Stefanie Lindqquist, Frank Cross Measuring Judicial Activism (Hardcover)
Stefanie Lindqquist, Frank Cross
R3,053 R2,553 Discovery Miles 25 530 Save R500 (16%) Ships in 12 - 17 working days

Measuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker's disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative "activism" of recent justices on the Court.
Stefanie Lindquist and Frank B. Cross's work is guided theoretically by the notion that, at its core, the concept of activism involves concerns over the judiciary's institutional aggrandizement at the expense of the elected branches. An important corollary idea is that such efforts are particularly "activist" when they further the justices' own policy or ideological objectives. From these core theoretical ideas, the authors identify specific empirical manifestations that reflect the expansion of judicial power. In particular, the authors evaluate the Court's exercise of judicial review to invalidate legislative and executive action. Lindquist and Cross also analyze the justices' willingness to expand the Court's power by granting litigants increased access to the courts and overruling the Court's own precedents. In these contexts, Measuring Judicial Activism considers the extent to which these actions are consistent with the justices' ideological predilections.

Prisoners' Self Help Litigation Manual (Paperback, 4th Revised edition): John Boston, Daniel E Manville Prisoners' Self Help Litigation Manual (Paperback, 4th Revised edition)
John Boston, Daniel E Manville
R1,830 Discovery Miles 18 300 Ships in 12 - 17 working days

Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents.
Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies.
This book succeeds the highly successful third edition of Prisoners' Self-Help Litigation Manual. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights.
To litigate effectively, several features of the book are designed to make finding information easy. A detailed Table of Contents and Index make for effortless access to specific information within the chapters, which are conveniently divided into smaller sections and subsections. Each page contains Footnotes with authoritative case citations, statutory references, and other necessary information. Additionally, the manual provides a Table of Cases, Forms, Sources of Assistance and other books and publications to further aid research.
Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

International Dispute Resolution - Volume III (Paperback): Carrie Menkel-Meadow International Dispute Resolution - Volume III (Paperback)
Carrie Menkel-Meadow
R1,451 Discovery Miles 14 510 Ships in 12 - 17 working days

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

Resolving Environmental Conflicts - Principles and Concepts, Third Edition (Hardcover, 3rd edition): Chris Maser, Lynette de... Resolving Environmental Conflicts - Principles and Concepts, Third Edition (Hardcover, 3rd edition)
Chris Maser, Lynette de Silva
R3,191 Discovery Miles 31 910 Ships in 12 - 17 working days

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

The Judicial Branch of Federal Government - People, Process, and Politics (Hardcover, New): Charles L Zelden The Judicial Branch of Federal Government - People, Process, and Politics (Hardcover, New)
Charles L Zelden
R2,944 Discovery Miles 29 440 Ships in 12 - 17 working days

This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court. The Judicial Branch of Federal Government: People, Process, and Politics shows how the federal courts act as interpreters of the law, definers of rules, and shapers of policy, covering the judiciary throughout U.S. history and as it functions today. In one concise yet comprehensive resource, The Judicial Branch of Federal Government describes the constitutionally ascribed roles and structures of the courts. It looks at the men and women who serve on the federal bench (who they are and how they are appointed), as well as the fascinating relationship of the federal courts with the legislative and executive branches and with the 50 state court systems. Provides a detailed timeline of the legislative history of the federal courts, from the Supreme Court to the district courts by state Primary sources include Article III of the U.S. Constitution, the Judiciary Acts of 1789 and 1801, the Evarts Act of 1891 (creation of Circuit Courts of Appeals), the Judiciary Act of 1911 (disbanding the old Circuit Courts), landmark cases such as Marbury v. Madison (judicial review) and a complete listing of all who served as federal judges by name and by the court they served in

Supreme Court Confirmation Hearings and Constitutional Change (Hardcover, New): Paul M. Collins, Lori A. Ringhand Supreme Court Confirmation Hearings and Constitutional Change (Hardcover, New)
Paul M. Collins, Lori A. Ringhand
R2,795 Discovery Miles 27 950 Ships in 12 - 17 working days

Before Supreme Court nominees are allowed take their place on the high Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins, Jr., and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which We the People take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf."

Judicializing the Administrative State - The Rise of the Independent Regulatory Commissions in the United States, 1883-1937... Judicializing the Administrative State - The Rise of the Independent Regulatory Commissions in the United States, 1883-1937 (Hardcover)
Hiroshi Okayama
R4,073 Discovery Miles 40 730 Ships in 12 - 17 working days

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

The Official History of Criminal Justice in England and Wales - Volume II: Institution-Building (Hardcover): Paul Rock The Official History of Criminal Justice in England and Wales - Volume II: Institution-Building (Hardcover)
Paul Rock
R4,105 Discovery Miles 41 050 Ships in 12 - 17 working days

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been 'written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved'. This book will be of much interest to students of criminology and British history, politics and law.

The Rise and Fall of the Rehabilitative Ideal, 1895-1970 (Hardcover): Victor Bailey The Rise and Fall of the Rehabilitative Ideal, 1895-1970 (Hardcover)
Victor Bailey
R4,550 Discovery Miles 45 500 Ships in 12 - 17 working days

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

Judicial Nominations (Paperback): Neal Devins Judicial Nominations (Paperback)
Neal Devins
R896 R758 Discovery Miles 7 580 Save R138 (15%) Ships in 12 - 17 working days

On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman's substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

The Rise and Fall of the Rehabilitative Ideal, 1895-1970 (Paperback): Victor Bailey The Rise and Fall of the Rehabilitative Ideal, 1895-1970 (Paperback)
Victor Bailey
R1,475 Discovery Miles 14 750 Ships in 12 - 17 working days

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback): Connie de la Vega, Alen Mirza A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback)
Connie de la Vega, Alen Mirza
R1,993 Discovery Miles 19 930 Ships in 12 - 17 working days

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

National Remedies Before the Court of Justice - Issues of Harmonisation and Differentiation (Hardcover): Michael Dougan National Remedies Before the Court of Justice - Issues of Harmonisation and Differentiation (Hardcover)
Michael Dougan
R3,316 Discovery Miles 33 160 Ships in 12 - 17 working days

The Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw. The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system. National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.

Courts and the Environment (Hardcover): Christina Voigt, Zen Makuch Courts and the Environment (Hardcover)
Christina Voigt, Zen Makuch
R4,299 Discovery Miles 42 990 Ships in 12 - 17 working days

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Paez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang

Evidence-based Investigative Interviewing - Applying Cognitive Principles (Hardcover): Jason J. Dickinson, Bennett L. Schwartz,... Evidence-based Investigative Interviewing - Applying Cognitive Principles (Hardcover)
Jason J. Dickinson, Bennett L. Schwartz, Nadja Schreiber Compo, Rolando Carol, Michelle McCauley
R4,072 Discovery Miles 40 720 Ships in 12 - 17 working days

For as long as we have been researching human memory, psychologists have been investigating how people remember and forget. This research is regularly drawn upon in our legal systems. Historically, we have relied upon eyewitness memory to help judge responsibility and adjudicate truth, but memory is malleable, prone to error, and susceptible to bias. Even confident eyewitnesses make mistakes, and even accurate witnesses sometimes find their testimony subjected to harsh scrutiny. Emerging from this environment, the Cognitive Interview (CI) became a means of assisting cooperative witnesses with recalling more information without sacrificing accuracy. First used by police interviewing adult witnesses, it is now used with many populations in many contexts, including public health, accident reconstruction, and the interrogation of terror suspects. Evidence-Based Investigative Interviewing reviews the application of cognitive research to investigative interviewing, revealing how principles of cognition, memory, and social dynamics may increase the accuracy of eyewitness testimony. It provides evidence-based applications for investigators beyond the forensic domain in areas such as eyewitness identification, detecting deception, and interviewing children. Drawing together the work of thirty-three authors across both the academic and practice communities, this comprehensive collection is essential reading for researchers in psychology, forensics, and disciplines such as epidemiology and gerontology.

Restoring Justice and Security in Intercultural Europe (Paperback): Brunilda Pali, Ivo Aertsen Restoring Justice and Security in Intercultural Europe (Paperback)
Brunilda Pali, Ivo Aertsen
R1,391 Discovery Miles 13 910 Ships in 12 - 17 working days

The intercultural contexts and new configurations in Europe offer fertile ground for social conflict, tensions and threat. This book challenges predominant and fear inducing approaches of justice and security as they appear in intercultural contexts, and develops alternative understandings by exploring both theoretically and empirically the potential of dialogic and restorative justice oriented actions in sensitive areas of living together. The book offers unique opportunities for rethinking frames of (in)justice, (in)security, and their intersections, and for reshaping European practices and policies in a more sustainable way. This book is based on an innovative and exploratory action research project in four European countries, which challenges the obsessive focus on security concerns, the merging of the security discourse with intercultural contexts, and the emphasis on technology and surveillance as a way to conceive the doing of security. Both the project and the book offer another vision on what security means and how it can be done, by multiplying participatory encounters between different groups in society, promoting opportunities for deliberations and dialogue about alternative forms of conviviality. The book is one of two volumes resulting from the work by a group of researchers in six European countries having cooperated intensively during four years in ALTERNATIVE, an action research project funded under the EU Seventh Framework Programme.

Recalibrating Juvenile Detention - Lessons Learned from the Court-Ordered Reform of the Cook County Juvenile Temporary... Recalibrating Juvenile Detention - Lessons Learned from the Court-Ordered Reform of the Cook County Juvenile Temporary Detention Center (Hardcover)
David W Roush
R4,100 Discovery Miles 41 000 Ships in 12 - 17 working days

Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court's actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago's highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President's Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.

Transforming Summary Justice - Modernisation in the Lower Criminal Courts (Paperback): Jenni Ward Transforming Summary Justice - Modernisation in the Lower Criminal Courts (Paperback)
Jenni Ward
R1,390 Discovery Miles 13 900 Ships in 12 - 17 working days

Sweeping changes are being introduced into the lower-tier magistrates' courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of 'lay justice'. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

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