This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

Crime Scene Unit Management: A Path Forward is a must-have resource for anyone involved with forensic investigations and the search for evidence at the crime scene. The book provides standards for how to manage a crime scene so that evidence is collected and preserved without errors and includes guidelines for how to implement the standards and set up regional training programs for smaller jurisdictions with tighter budgets. Key features include examples, checklists, and flow charts for evidence handling and routing. CSIs, fire investigators, homicide investigators, accident investigators, police executives, and students of forensic science will benefit from this thorough approach to how the crime scene-and the personnel charged with tending to the evidence-should be managed.

While there have been innumerable collections of humour in the courts, this is the first anthology of over 80 stories about disputes resolved without the aid of litigation. It reveals rich sources from old and new China, ancient Greece, Rome, Aesop's fables, medieval England and French vaudeville, as well as Shakespeare, Chaucer, the romantic novel and Stravinsky as arbitrator. What may surprise many is the role that women have played as arbitrators since history began.

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"In recent years, an expanding wave of law and criminal justice programs has emerged on American television. Elayne Rapping proves a masterful guide in her overview of a wide range of TV narrative fiction series, Court TV, talk shows, news, and other programs that deals with law, order, criminality, and justice, contextualizing TV crime and justice in the context of fierce political battles over these topics in the past decades of American history."
--Douglas Kellner, author of "Media Culture and Media Spectacle"

"Lively and engagingly written, it explores as Rapping writes, "an interplay of aesthetics, politics, and legal history [that] come together in complex and often contradictory ways. Anyone who has watched these shows will appreciate seeing them in a new way. Much of the enjoyment in reading the book comes from Rapping's ability to draw on a wide range of cultural and intellectual interests and present them in down-to-earth language."
--"Trial"

"Accessible and lucid."
--"www.sirreadalot.org"

""Law and Justice as Seen on TV" is deliberately provocative."
--"Akron Beacon Journal"

""Law and Justice as Seen on TV" provides a comprehensive and sophisticated look at the ways law appears nightly in the living rooms of millions of Americans. Combining valuable insights about the workings of the television industry with an insightful argument about the criminalization of American life, Elayne Rapping has made a distinctive contribution to interdisciplinary legal scholarship. Her work shows how valuable the analysis of popular culture can be in illuminating some of the most important legal and socialissues of our time."
--Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

Law and Justice as Seen on TV examines the impact, significance, and social and political problems raised by the enormous onslaught of law-related television programming, both fiction and nonfiction, in the years since the rise of live televised trials as major media events. The book weaves together the various strands--media history and analysis, legal history and policy, and the national turn to the political right in the last decades--which gave birth to this trend and has kept it thriving and growing, by leaps and bounds, to the present day.

Beginning with the history of courtroom drama on TV and its various contradictions and shifts, since the late 1940s to the present, the book analyzes the various entertainment series and genres that have so proliferated in recent years, giving special attention to such popular and influential series as "Law and Order" and "Cops." The second section begins by charting the complex and contested history of the coming of cameras to the courtroom and the way in which that legal decision led to televised trials and to the rise of Court TV. It examines as especially interesting and important the major trials--such as those of the Menendez brothers, O.J. Simpson, and Timothy McVeigh--which helped to shape the way television came to frame trials and their social implications for public consumption. From there it examines major social issues--gender violence, youth crime, family dysfunction, victims' rights which, with the rise of the courtroom as a major political and television arena, have come to be viewed largely aslegal issues to be discussed and determined in legal terms by Americans in general.

Accessible and lucid, Law and Justice as Seen on TV concludes with an examination of the broad implications of this social and cultural trend, closing with some thoughts about its expansion, on television and in the actual legal arena, during the "war on terrorism" in the wake of 9/11.

Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background. Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written-the one that had established a federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court-the most important of them explained in these pages in clear, non-lawyerly language-he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.

Based on the author's more than 35 years of experience as a successful expert witness, this revised and expanded edition of Expert Witnessing and Scientific Testimony: A Guidebook demonstrates how to properly present scientific, criminal, and forensic testimony and survive the onslaught of cross-examination in court. It presents material in a step-by-step format for scientists or business professionals who find themselves thrown into the situation of testifying in a legal action. New Features in the Second Edition: Features two new chapters on fraud and medical malpractice testimony Updates and expands the original chapters The book addresses the courtroom experience by illustrating actual cases and experiences in procedure, strategy, cross-examination, and the exposure of personal history. It stresses that the primary role of an expert witness is to clarify and simplify complex technical, scientific, criminal, or forensic issues. Examples of experts with years of experience as witnesses highlight what to do and what not to do in providing quality testimony. Expert Witnessing and Scientific Testimony: A Guidebook, Second Edition is an excellent aid for preparing to give expert testimony. Its real-life examples and practical suggestions to avoid common pitfalls ease your path to testifying in the courtroom. It is a valuable resource in warding off the stresses that accompany a high-pressure and high-value legal situation.

Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman's thesis of the social production of immorality in the context of criminalization and social control and addresses processes of 'othering' through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning 'terrorists' and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.

"Forensic Science in Court: The Role of the Expert Witness" is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation.

An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The book is also an invaluable reference for any scientist requested to give an opinion in a legal context.

- Integrates law and science in an easy to understand format

- Inclusion of case studies throughout

- Includes straightforward statistics essential for the forensic science student

- An invaluable, practical textbook for anyone appearing as an expert witness in court

- Unique in its approach aimed at forensic science students in a courtroom environment

When Justice John Paul Stevens retired from the Supreme Court in 2010, he left a legacy of service unequaled in the history of the Court. During his 34-year tenure, Justice Stevens wrote more opinions than any other justice has. In THE MAKING OF A JUSTICE, John Paul Stevens recounts the first ninety-four years of his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society. With stories of growing up in Chicago, his work as a Naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, as well as a behind-the-scenes look at some of the most important Supreme Court decisions over the last four decades, THE MAKING OF A JUSTICE offers a warm and fascinating account of Justice Stevens' unique and transformative American life.This comprehensive memoir is a must read for those trying to better understand our country and the Constitution.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law.

The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product.

This book was based on a special issue of Commonwealth Law Bulletin.

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

In 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser's definitive biography of America's longest-serving Chief Justice. Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined the nomination. Yet he took to the court immediately, turning his sharp mind toward strengthening America's fragile legal order. Americans had inherited from their colonial past a deep distrust of judges as creatures of arbitrary royal power; in reaction, newly independent states made them pawns of legislative whim. The result was legal caprice, sometimes amounting to chaos. Marshall wanted a strong federal judiciary, led by the Supreme Court, to define laws, protect rights, and balance the power of the legislative and executive branches. However, America's legal system, he believed, was threatened by specific individuals-namely Thomas Jefferson and the early Republican Party-who were intent on undermining the Constitution and respect for law in order to empower themselves. As a Federalist and a follower of Washington and Hamilton, he also wanted a strong national government, favorable to business. In his three decades on the court, Marshall accomplished just that. As Brookhiser vividly relates, in a string of often-colorful cases involving businessmen, educators, inventors, scoundrels, Native Americans, and slaves, Marshall clipped the power of the states vis-a-vis the federal government, established the Supreme Court's power to correct or rebuke Congress or the president, and bolstered commerce and contracts. John Marshall's modus operandi was charm and wit, frequently uniting his fellow justices around unanimous decisions in even the most controversial cases. For better and for worse, he made the Supreme Court a central part of American life. John Marshall is the definitive biography of America's greatest judge and most important early Chief Justice.

What if data-intensive technologies' ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: 'as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we'll be fine'. To question this assumption, this open access book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the 'double edge' of habit - its empowering and compromising sides - to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us 'sheep-like'. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.

In this book, three experienced legal practitioners in patent matters provide a reliable and detailed guideline on how to enforce patents in three of the most important jurisdictions for patent infringement litigation, namely Germany, Japan and the United States. The book is structured by the relevant subject matters of patent litigation such as scope of patent protection, claims of the patent holder and objections of the alleged infringer, fact finding, pre-procedural measures, trial, principles of procedure and comparative aspects.

This Second Edition to A Short & Happy Guide to Evidence takes a challenging subject and breaks it into manageable pieces that are easy to understand and digest. It has been completely updated with new and revised graphics and charts and all current rules as of December 2020. Using practical examples and humor, this book takes the reader through the most difficult, and most often tested, rules. After reading this book the reader will finally understand the Hearsay Rule (it's true!). Flowcharts and graphics will assist the reader in a comprehensive understanding of the Federal Rules of Evidence and how they interact with each other.

Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel's sense of the word, it is an actual journey that Albie Sachs undertook. The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice. Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.

Whether you're new to higher education, coming to legal study for the first time or just wondering what Evidence Law is all about, Beginning Evidence is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your evidence module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Charanjit Singh Landa breaks the subject of Evidence Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Evidence is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Memory is often the primary evidence in the courtroom, yet unfortunately this evidence may not be fit for purpose. This is because memory is both fallible and malleable; it is possible to forget and also to falsely remember things which never happened. The legal system has been slow to adapt to scientific findings about memory even though such findings have implications for the use of memory as evidence, not only in the case of eyewitness testimony, but also for how jurors, barristers, and judges weigh evidence. Memory and Miscarriages of Justice provides an authoritative look at the role of memory in law and highlights the common misunderstandings surrounding it while bringing the modern scientific understanding of memory to the forefront. Drawing on the latest research, this book examines cases where memory has played a role in miscarriages of justice and makes recommendations from the science of memory to support the future of memory evidence in the legal system. Appealing to undergraduate and postgraduate students of psychology and law, memory experts, and legal professionals, this book provides an insightful and global view of the use of memory within the legal system.

Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book's chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater-relational-justice.

Receive complimentary lifetime digital access to the eBook with new print purchase. This edition is an affordable, all-purpose resource designed to support any classroom text. It provides up-to-date versions of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, habeas corpus rules, Rules of the Supreme Court of the United States, Federal Rules of Evidence, and the U.S. Constitution. Pending rule amendments are presented through interlineation, permitting users to see the pending amendments as a markup to the text of the current rules.

DNA does not solve criminal cases-people do. Investigators must document every action, photograph every item of evidence, and create a complete case file that can be used to convict the guilty and exonerate the innocent. Each chapter begins with an overview of the felony investigated in the case study and highlights a key area of crime scene investigation. You will then use the case studies to walk through the investigative process and learn by example to create accurate case files.

Learn crime scene investigation through original case studies that show you how to process and document a criminal investigation from first response to sending a report to the prosecutor s office.Get up to speed on the state-of-the-art investigative techniques employed in the cases.Practice your investigative and report writing skills in the "Your Turn" chapter.Develop your critical thinking skills with questions that explore the nature of the case, the conclusions drawn, and alternative outcomes.Access video, photos, and forms on the website."

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes-contexts; skills and competencies; applications; and recommendations-the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader's competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

This innovative work builds on Huff and Killias' earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways: (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction: voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.