Social movements provide the engine of legal change and law itself spurs social movement activity. This issue of "Studies in Law, Politics and Society" examines the legal life of social movements and their impact on law. The articles collected here take up social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.

A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project.

E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders.

Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.

Presents Legal Skills in their real world context, preparing students for both assessment and for real life legal practice. Accessible, informal and easy to read, engaging students and providing a clear way in to the subject Supported by online learning resources via the very popular LawBore blog

- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.

This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions - an important aspiration of transitional processes - is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.

Drawing on work from inside some of America's largest and toughest prisons, this book documents an alternative model of "restorative corrections" utilizing the lived experience of successful inmates, fast disrupting traditional models of correctional programming. While research documents a strong desire among those serving time in prison to redeem themselves, inmates often confront a profound lack of opportunity for achieving redemption. In a system that has become obsessively and dysfunctionally punitive, often fewer than 10% of prisoners receive any programming. Incarcerated citizens emerge from prisons in the United States to reoffend at profoundly high rates, with the majority of released prisoners ending up back in prison within five years. In this book, the authors describe a transformative agenda for incentivizing and rewarding good behavior inside prisons, rapidly proving to be a disruptive alternative to mainstream corrections and offering hope for a positive future. The authors' expertise on the impact of faith-based programs on recidivism reduction and prisoner reentry allows them to delve into the principles behind inmate-led religious services and other prosocial programs-to show how those incarcerated may come to consider their existence as meaningful despite their criminal past and current incarceration. Religious practice is shown to facilitate the kind of transformational "identity work" that leads to desistance that involves a change in worldview and self-concept, and which may lead a prisoner to see and interpret reality in a fundamentally different way. With participation in religion protected by the U.S. Constitution, these model programs are helping prison administrators weather financial challenges while also helping make prisons less punitive, more transparent, and emotionally restorative. This book is essential reading for scholars of corrections, offender reentry, community corrections, and religion and crime, as well as professionals and volunteers involved in correctional counseling and prison ministry.

This book discusses court-oriented legal reforms across Asia with a focus on the creation of 'new courts' over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The 'new courts' under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes.

The justification of the trend to 'judicialize' disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution.

Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including:

• Why has the 'new-court model' been adopted, and why do international development agencies and nation-states tend to favour it?
• What difficulties have the new courts encountered?
• How have the new courts performed?
• What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems?

Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

This book examines the American television legal series from its development as a genre in the 1940s to the present day. Villez demonstrates how the genre has been a rich source of legal information and understanding for Americans. These series have both informed and put myths in place about the legal system in the US. Villez also contrasts the US to France, which has seen a similar interest in legal series during this period. However, French television representations of justice are strikingly different, as is the role of fiction in offering viewers the possibility of acquiring significant understandings of their legal system. The book will be an important addition to the study of popular culture and law and will interest legal scholars, sociologists, and media scholars.

This book provides unique insights into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the court's decision differ markedly. Judges from some of the world's most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise. They address matters such as the question of panel constitution, the operation of rapporteur systems, pre-and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties' advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. They allow the reader a unique inside view into the functioning of modern judicial bodies. The judges' chapters are supplemented by a series of comparative analyses and reflections on the lessons to be learnt from them. Collective Judging in Comparative Perspective thus also provides an ideal starting point for thinking about future court design.

In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty.

Franck challenges three propositions central to current debates over the Supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution.

Franck claims that these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosophers (especially Hobbes, Locke, and Blackstone), and the early opinions of the Supreme Court.

His reasoned critique provides illuminating new perspectives on the jurisprudence of John Marshall; on the origins and practices of "judicial statesmanship" (presumed to have begun with Marshall); on McCulloch v. Maryland (1819)-which was not, Franck argues, a ruling in pursuit of a nationalist political agenda but conformed to a modest vision of the judicial power; and on the mangled roots of substantive due process. In addition, he reviews recent Supreme Court confirmation hearings to demonstrate the large influence of historical misconceptions on our understanding of the proper scope of judicial power in a constitutional democracy.

Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

Applying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom up. In this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.

This book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch 'qualitative obligation' and the French obligation reelle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.

Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

Police procedure and evidence brought to life! A key text for all those on policing degree or other pre-join routes, this book examines police procedure and evidence in the criminal justice system, providing clear and accessible information while encouraging analysis and reflection. Chapters cover police powers, stop and search, arrest and custody, disposals, court procedures and disclosure, and rehabilitation. Uniquely it follows the journey of a fictional family who all in one way or another become involved in the criminal justice system, allowing students to consider a range of possible options and outcomes and bringing the theory to life.

At some point, everyone living in the United States has some type of interaction with the American judicial system. For most, this contact is relatively minor: contesting a traffic ticket, suing or being sued in civil court, being a witness in a civil or criminal trial, or serving on a jury. Others are caught up in the criminal justice system - as defendants, as victims, as witnesses, as jurors, or as relatives of a victim or a defendant. For still others, contact comes via an important policy issue affecting their lives in the hands of judges and justices sitting in judgment in marble temples to the law. Yet whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. Jargon free and aimed at a general reader, this Very Short Introduction explains the 'where,' 'when,' and 'who' of American courts. It also makes clear the 'how' and 'why' behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels; a guide to those wishing to know the basics of the American judicial system; and a cogent synthesis of how the various elements that make up the law and legal institutions fit together.

What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge 's choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.

This is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

This book takes a novel approach to the question of how law shapes the contemporary lives of indigenous peoples in North America. Working through a series of legal cases thematically linked by a concern with how indigenous difference - indigeneity - is produced in the courtroom, this book asks the following questions:

• How does legal discourse and practice allow us to think the contemporary political context of Native North America?
• What can a critical engagement with law reveal about the lives of indigenous peoples in this key historical moment?

Through an examination of contemporary property disputes, the use of indigenous justice in mainstream courts, and the use of genetic technologies to prove or disprove indigenous identities, Indigeneity in the Courtroom provides insight into how law, culture, and the production of difference operate in the early twenty-first century.

This is an innovative and provocative book by one of America's leading writers on private and public international law. Practitioners as well as students and scholars will be fascinated by the author's distillation of a lifetime of experience as a lawyer, arbitrator, government official, and teacher in presenting recent developments in litigation of controversies across national boundaries.

"Charlotte Bismuth gives us a bold and cinematic true crime story about her work at the intersection of medicine and greed. Bad Medicine is a gripping memoir that toggles deftly between the personal and prosecutorial." -Beth Macy, New York Times bestselling author of Dopesick "Bismuth has written a brilliant account of prosecuting a doctor who became a drug dealer in a white coat. She is haunted by the voices of the dead and listening closely to the voices of the living." -Nan Goldin, artist, activist, and founder of P.A.I.N. "Bad Medicine is a taut exploration of America's deadly battle with opioid addiction-an unnerving and inspirational firecracker of a book." -Karen Abbott, New York Times bestselling author of The Ghosts of Eden Park For fans of Dopesick and Bad Blood, the shocking story of New York's most infamous pill-pushing doctor, written by the prosecutor who brought him down. In 2010, a brave whistleblower alerted the police to Dr. Stan Li's corrupt pain management clinic in Queens, New York. Li spent years supplying more than seventy patients a day with oxycodone and Xanax, trading prescriptions for cash. Emergency room doctors, psychiatrists, and desperate family members warned him that his patients were at risk of death but he would not stop. In Bad Medicine, former prosecutor Charlotte Bismuth meticulously recounts the jaw dropping details of this criminal case that would span four years, culminating in a landmark trial. As a new assistant district attorney and single mother, Bismuth worked tirelessly with her team to bring Dr. Li to justice. Bad Medicine is a chilling story of corruption and greed and an important look at the role individual doctors play in America's opioid epidemic.

* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.