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.

- A resource suitable for both existing legal professionals and students interested in gaining an advantage ahead of practising. - Language level benchmarked against CFER (Common European Framework of Reference) means the book can be used by tutors throughout Europe. - Addresses soft language skills not met in competing titles - Features a companion website with listening exercises and, if the book is used in the classroom, teaching notes. - Authors are experienced teachers and also former legal professionals.

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.

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 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.

The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution.

The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes.

Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling.

Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.

Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century The United States faced the possibility of destruction, World War II, and the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.

The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.

Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.

The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

Although it was written at a time of national self-criticism, "The Supreme Court on Trial" remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important.

The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident.

The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.

"Charles S. Hyneman" (1900-1985) was a Distinguished Professor of Political Science at Indiana University. He was a past president of the American Political Science Association and has also written many books including "Bureaucracy in a Democracy and American Political Writing During the Founding Era, 1760-1805" (with Donald S. Lutz)

Juvenile court has elicited the interest and criticism of lawyers, social workers, and criminologists, but less attention from sociologists. This book adds to growing sociological literature on the operations of legal institutions. It describes some critical aspects of the functioning of the juvenile court, an institution charged with judging and treating delinquents. To this end, it analyzes the nature of the court operation, the handling of delinquents, and the court's functions in relation to the wider social and legal system.

This study reflects two distinct sociological heritages. First, it presents an institutional analysis of a juvenile court. One basic component of such an analysis involves description of the social context within which the juvenile court functions. In this way this book considers the nature of the court's relations with the various local institutions in its working environment and the consequences of these relations for its internal operations. Second, this study grows out of the current societal reaction approach to deviance. This approach views deviance as the product of the response of official agents of social control to perceived norm violations: "deviance" involves acts and actors reacted to and labeled as such, usually by these officials. In line with this general perspective, this study seeks to shed light on some of the processes by which youths come to be identified and officially labeled "delinquents" changing the legal and social status of those accused of wrongdoing.

This study focuses on how a particular legal institution defines, reacts to and deals with the cases brought to its attention, whatever the inherent biases of this sample and whatever the ultimate consequences for youths so handled. It describes the processes that produce differential case outcomes-- outcomes whereby some delinquents emerge from their court encounter firmly identified as future criminals, while others escape unharmed, not regarded as "really" delinquent despite the formal adjudication to this effect.

Drawing on a body of empirical, qualitative work spanning three decades, this unique text traces the significance of critical social research and critical analyses in understanding some of the most significant and controversial issues in contemporary society. Focusing on central debates in the UK and Ireland - prison protests; inner-city uprisings; deaths in custody; women's imprisonment; transition in the north of Ireland; the 'crisis' in childhood; the Hillsborough and Dunblane tragedies; and the 'war on terror' - Phil Scraton argues that 'marginalisation' and 'criminalisation' are social forces central to the application of state power and authority. Each case study demonstrates how structural relations of power, authority and legitimacy, establish the determining contexts of everyday life, social interaction and individual opportunity.

This book explores the politics and ethics of critical social research, making a persuasive case for the application of critical theory to analysing the rule of law, its enforcement and the administration of criminal justice. It is indispensable for students in the fields of criminology, criminal justice and socio-legal studies, social policy and social work.

Drawing on a body of empirical, qualitative work spanning three decades, this unique text traces the significance of critical social research and critical analyses in understanding some of the most significant and controversial issues in contemporary society. Focusing on central debates in the UK and Ireland - prison protests; inner-city uprisings; deaths in custody; women's imprisonment; transition in the north of Ireland; the 'crisis' in childhood; the Hillsborough and Dunblane tragedies; and the 'war on terror' - Phil Scraton argues that 'marginalisation' and 'criminalisation' are social forces central to the application of state power and authority. Each case study demonstrates how structural relations of power, authority and legitimacy, establish the determining contexts of everyday life, social interaction and individual opportunity.

This book explores the politics and ethics of critical social research, making a persuasive case for the application of critical theory to analysing the rule of law, its enforcement and the administration of criminal justice. It is indispensable for students in the fields of criminology, criminal justice and socio-legal studies, social policy and social work.

First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.