Courting Publicity: Twitter and Television Cameras in Court is a new title dealing with an incredibly topical subject matter that is only likely to increase in interest in the future and lead to new legislation and case law. It examines the impact on the legal process and those involved, of ever- increasing levels of scrutiny and public attention via new technologies. Contents includes: Courting Publicity Courts and Twitter Cases Media Rights v Privacy Rights The Internet Twitter in Court: Issues and UK Consultation Television Cameras in Court Supreme Court Other courts Effects of Television Cameras in Court Effects of Twitter in Court Effects of Twitter (and Internet) Outside of Court The Future

This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally - and political experimentation more broadly - weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of 'soft law', participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.

The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court's work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court's interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.

The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court's work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court's interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.

In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.

An important chapter in the rediscovery of Aristotle in the Middle Ages is the oeuvre of Bartholomew of Messina (Bartholomaeus de Messana), a translator at the court of Manfred, King of Sicily (1258 1266). However, the impact of both Bartholomew and Manfred on the cultural and intellectual life of their time remains understudied, especially in comparison to the attention received by the translator's contemporary, William of Moerbeke, and by the king's father, Frederick II of Hohenstaufen. The authors of Translating at the Court address the nature and importance of Bartholomew's oeuvre (and especially his translations of Aristotle), situate Bartholomew's activity in a broader context, and pay special attention to cultural life under the reign of Manfred.

Contributors: Pieter Beullens (KU Leuven), Charles Burnett (Warburg Institute, London), Valerie Cordonier (CNRS KU Leuven), Pieter De Leemans (KU Leuven), Fulvio Delle Donne (Universita della Basilicata), Elisabeth Deviere (KU Leuven), Michael Dunne (National University of Ireland, Maynooth), Dimitri Gutas (Yale University), Kotzia Paraskevi (Aristotle University, Thessaloniki), Alessandra Perriccioli Saggese (Seconda Universita di Napoli), Giacinta Spinosa (Universita di Cassino), Gudrun Vuillemin-Diem (Thomas-Institut, Koln), Steven J. Williams (New Mexico Highlands University), Mauro Zonta (Sapienza Universita di Roma)"

The Supreme Court is one of the most traditional institutions in America that has been an exclusively male domain for almost two hundred years. From 1981 to 2010, four women were appointed to the Supreme Court for the first time in U.S. history. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, analyzes the rhetoric of the first four women elected to the Supreme Court: Sandra Day O, Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Gutgold, s thorough exploration of these pioneering women, s rhetorical strategies includes confirmation hearings, primary scripts of their written opinions, invited public lectures, speeches, and personal interviews with Justices O, Connor, Ginsburg, and Sotomayor. These illuminating documents and interviews form rhetorical biographies of the first four women of the Supreme Court, shedding new light on the rise of political women in the American judiciary and the efficacy of their rhetoric in a historically male-dominated political system. Gutgold, s The Rhetoric of Supreme Court Women provides valuable insight into political communication and the changing gender zeitgeist in American poli

What suspects tell the police may become a crucial piece of evidence when the case comes to court. But what happens to 'the suspect's statement' when it is written down by the police? Based on a unique set of data from over fifteen years' worth of research, Martha Komter examines the trajectory of the suspect's statement from the police interrogation through to the trial. She shows how the suspect's statement is elicited and written down in the police report, how this police report both represents and differs from the original talk in the interrogation, and how it is quoted and referred to in court. The analyses cover interactions in multiple settings, with documents that link one interaction to the next, providing insights into the interactional and documentary foundations of the criminal process and, more generally, into the construction, character and uses of documents in institutional settings.

The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public's understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court's actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices' "extra-curricular" activities and their retirements/deaths, and the Court's opinions, and compare this coverage to analyses of confirmation transcripts and the Court's full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public's preferences for subject matter and content. The media's portrayal, then, may undercut the Court's legitimacy and its reservoir of good will.

This book is an unconventional reappraisal of Soviet law: a field that is ripe for re-evaluation, now that it is clear of Cold War cobwebs and, as this book shows, and that appears surprisingly topical and newly compelling. Drawing on a wide range of sources - including Russian-language Soviet statues and regulations, jurisprudence and legal theory, English-language 'legal Kremlinology, ' and works of general legal, political, social, and economic theory - this book analyses the central significance of law in the design and operation of Soviet economic, political, and social institutions. In short, Scott Newton argues here that the Soviet order was a work of law. And, in arguing that it was an exemplary, rather than aberrant, case of the uses to which law was put in twentieth century industrialised societies, this book provides an insightful account, not only of the significance of modern law to the Soviet case, but of significance of the Soviet case for modern law

- Clear and concise explanation of key principles, this is an ideal text for anyone taking the SQE1. - Includes practice questions in the text, and multiple choice questions online - together, the book will allow SQE candidates to practice the skills needed to pass the SQE exam. - One of a wider series of SQE1 textbooks.

Ethics and regulation have been catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book attempts to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualizes the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. The text is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of pr

You've planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What's more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research-the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

First published in 1973, this book offers a fascinating and systematic description of the debt-collection process in 1970s England. Basing his research on the words of creditors, debtors, solicitors and debt-collectors, Paul Rock's research was conducted when imprisonment for debt was still in existence. The book covers the major stages in a defaulter's career, from enforcement by his creditors and the work of the debt-collector, through the various processes of the law, often to a period of imprisonment. Particular attention is given to the attempts made by debt-collectors to manage an unusual form of deviance and the consequences of their actions.

Rhetoric scholars have articulated diverse approaches to both civil and human rights as political, ethical, and academic discourses. "Traditions of Testifying and Witnessing" initiates important interdisciplinary conversations within human rights rhetoric concerning the construction of rights knowledge, the role of advocacy, and politics of representations during acts of witnessing. Developing a conceptual framework for rhetorical inquiry into rights discourse, the collection of essays by established scholars demonstrates a range of approaches and subject matter. From textual analysis of AIDS politics and activism to theoretical discussions of the nature of rights rhetoric and confession, the book challenges many current assumptions about rights history and practices and still provides an introduction to the recent themes for classroom use. To encourage critical reflection on the assumptions, contentions, and implications of political representations and human rights, the editors have concluded the collection with a series of suggestive visual works without comment to prompt viewers' own engagement with them. This book was originally published as a special issue of Rhetoric Society Quarterly

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

This book grew out of an experiment in Anglo-American legal study, in which distinguished American and English jurists studied the appellate courts of each other's countries, with a view to improving such courts in their own. Professor Karlen describes in detail the tribunals observed, and in a final chapter compares and contrasts appellate procedures in each country.

The use of solitary confinement in prisons became common with the rise of the modern penitentiary during the first half of the nineteenth century and his since remained a feature of many prison systems all over the world. Solitary confinement is used for a panoply of different reasons although research tells us that these practices have widespread negative health effects. Besides the death penalty it is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. Nevertheless, in the United States there is currently an estimated 80-100,000 prisoners in small cells for more than 22 hours per day with little or no social contact and no physical contact visits with family or friends. Even in Scandinavia, thousands of prisoners are placed in solitary confinement every year and with an alarming frequency. These facts have spawned international interest in this topic and a growing international reform movement, which includes researchers, litigators and human rights defenders as well as prison staff and prisoners. This book is the first to take a broad international comparative approach and to apply an interdisciplinary lens to this subject. In this volume neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers and former prisoners and their families from different countries will address the effects and practices of prolonged solitary confinement and the movement for its reform and abolition.

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially 'other' to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be. Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels. Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.

First published in 1937, Prison from Within is a first-person account of a prisoner sentenced to imprisonment for eighteen months for fraud. It is a linear narrative honestly recording the various facets of prison culture, along with candid character analysis. The book touches upon philosophical notions of sin and remorse; the social groups of prisoners and the camaraderie shared among them; the poor living condition of prisons and the exploitation of prison labour; and the general politics of the time. The book successfully humanizes criminals and is an excellent reminder of the fact that the prison industry has only worsened with time. Prisons were designed for the purpose of 'cleansing' bourgeoise society; therefore, it is important to revisit the institution and question its utility in modern times. This book will be of interest to students and teachers of history, sociology, criminology, criminal justice, literature, and penology.

Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.

Women, Judging and the Judiciary examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.