"The Papon Affair" is the definitive English-language work on a trial that is now considered to be the most significant in late twentieth-century France. Papon, who served as a Vichy bureaucrat, was charged with assisting in the deportation of several trainloads of Jews from the Bordeaux region to Nazi death camps between 1942 and 1944. After the War, his career included both a stint as Prefect of Paris Police and as a cabinet finance minister. The inconclusiveness of the verdict which, even after six months of testimony, left unresolved not only important legal and historical issues, but political, philosophical and moral issues as well. Richard Golsan has brought together the crucial French journalistic pieces on the trial along with several essays by leading American and British scholars to help contextualize the trial for an English-speaking audience. The book delves deeply into the fascinating debates about the nature of French complicity in the Final Solution and of memory itself.
Contributors: " Nathan Bracher, Philippe Bernard, Philippe Burin, Michel Dubec, Jean-Luc Einaudi, Alain Finkielkraut," "Christopher G. Flood, Richard J. Golsan, Eberhard Jackel, Van Kelly, Francois Maspero, Robert O. Paxton, Acacio Pereira, Henry Rousso, Zeev Sternhell, Benjamin Stora, Tzvetan Todorov, Jean-Marc Varaut, Nancy Wood, Michael Zaoui."

The first in-depth work to explore this topic, this collection challenges commonly-held assumptions about the 'recent increase' of domestic violence in the United States, revealing widespread patterns of abuse across two centuries of American history. It provides new insights into the causes and consequences of personal violence, and offers perspectives for possible solutions.

'The most gripping and satisfying thriller I've read in more than a decade' Sophie Hannah 'One of the best legal thrillers ... as elegant and gripping as Scott Turow's Presumed Innocent' Daily Mail 'Quite the tour de force! Twelve Angry Men meets Chinatown and creates something of its own' Sarah Pinborough 'This is a tense, emotionally charged, scary-good, stand-out read' Caroline Kepnes ********** MAJOR TV SERIES COMING SOON - FROM THE PEOPLE WHO BROUGHT YOU NETFLIX'S UNBELIEVABLE... One juror changed the verdict. What if she was wrong? 'Ten years ago we made a decision together...' Fifteen-year-old Jessica Silver, heiress to a billion-dollar fortune, vanishes on her way home from school. Her teacher, Bobby Nock, is the prime suspect. It's an open and shut case for the prosecution, and a quick conviction seems all but guaranteed. Until Maya Seale, a young woman on the jury, persuades the rest of the jurors to vote not guilty: a controversial decision that will change all of their lives forever. Ten years later, one of the jurors is found dead, and Maya is the prime suspect. The real killer could be any of the other ten jurors. Is Maya being forced to pay the price for her decision all those years ago? ********** 'Plunge a syringe filled with adrenaline into the heart of Twelve Angry Men and you've got The Holdout: the first legal thriller in thirty years - ever since Presumed Innocent and A Time to Kill electrified readers the world over - to rank alongside those two modern classics.' AJ Finn 'A page-turning legal thriller with a twisty and absolutely riveting plot ... plus a strong and compelling female heroine. You won't be able to put this one down!' Lisa Scottoline 'Clever, well-written and twistier than a can of silly-string. You absolutely need to read The Holdout!' Emma Kavanagh 'Amazing thriller, deserves to be one of the biggest books of 2020' Michelle Davies 'Terrific, twisty and well-structured thriller' Adele Geras

This volume presents a comprehensive and up-to-date overview of major developments in the study of how phraseology is used in a wide range of different legal and institutional contexts. This recent interest has been mainly sparked by the development of corpus linguistics research, which has both demonstrated the centrality of phraseological patterns in language and provided researchers with new and powerful analytical tools. However, there have been relatively few empirical studies of word combinations in the domain of law and in the many different contexts where legal discourse is used. This book seeks to address this gap by presenting some of the latest developments in the study of this linguistic phenomenon from corpus-based and interdisciplinary perspectives. The volume draws on current research in legal phraseology from a variety of perspectives: translation, comparative/contrastive studies, terminology, lexicography, discourse analysis and forensic linguistics. It contains contributions from leading experts in the field, focusing on a wide range of issues amply illustrated through in-depth corpus-informed analyses and case studies. Most contributions to this book are multilingual, featuring different legal systems and legal languages. The volume will be a valuable resource for linguists interested in phraseology as well as lawyers and legal scholars, translators, lexicographers, terminologists and students who wish to pursue research in the area.

The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate.
Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible to students. With contributions by leading scholars in the field, this Encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.

eBook available with sample pages: 0203428226

Legal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: * written communication; * mediation; * opinion writing; * drafting; * advocacy; * interviewing; * negotiation; * legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.

Litigation and alleged cases of educational malpractice are on the rise. Headteachers and governors are more aware of legal requirements, but this new book addresses the needs of teachers. The book introduces a framework for safe practice, then the 'high risk' subjects of Science, ICT, Design and Technology, and PE and outdoor activities in separate chapters. The implications for classroom practice of recent legal developments are examined, and three more chapters look at what can be expected in the process of litigation. Sound advice for those wishing to make schools safer, and useful guidance for those having to deal with the aftermath of a safety problem.

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation. Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.

During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead.

ERIN BROCKOVICH meets SILENT SPRING in this astounding true story of a lawyer who spent two decades building a case against one of the world's largest chemical companies, uncovering a shocking history of environmental pollution and heartless cover-up. The story that inspired the motion picture from Participant Media/Focus Features, starring Mark Ruffalo, Anne Hathaway, Bill Pullman and Tim Robbins, directed by Todd Haynes. In 1998, Robert Bilott was a 33-year-old Cincinnati lawyer on the verge of making partner when his career and life took an unforeseen turn. He was taken by surprise when he received a call from a man named Earl Tennant, a farmer from West Virginia with a slight connection to Robert's family. Earl was convinced the creek on his property, where his cattle grazed, was being poisoned by run-off from a neighbouring factory landfill. His cattle were dying in hideous ways, and he hadn't even been able to get a water sample tested by local agencies, politicians or vets. As soon as they heard the name DuPont - the area's largest employer - he felt they were reluctant to investigate further. Once Robert saw the thick, foamy water that bubbled into the creek, the gruesome effects it seemed to have on livestock, and the disturbing frequency of cancer and lung problems in the surrounding area, he was persuaded to fight against the type of corporation his firm routinely represented. With all the cards stacked against him, Rob happened upon a stray reference in a random memo to a chemical called PFOA - a substance he'd never heard of that is used in the manufacture of Teflon. From that one reference, he ultimately gained access to 110,000 pages of DuPont documents, some of them fifty years old, that reveal decades of medical studies proving the harmful - more often than not fatal - effects of PFOA in animals and humans. And yet PFOA sludge had still been dumped into rivers and landfill, endangering many lives. The case of one farmer soon spawns a class-action suit and the shocking realisation that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. This is the unforgettable story of the lawyer who worked tirelessly for twenty years to get justice for all those who had suffered because of this chemical.

First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

"Covering the Courts" shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes. The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor. The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public. This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by "Robert Giles," the editor, and "Robert W. Snyder," the managing editor, of "Media Studies Journal." The original contributions were initially presented at The Freedom Forum and its Media Studies Center.

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.

This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.

In 1984, Billie Dziech co-wrote "The Lecherous Professor," one of the first books to articulate the problem of sexual harassment on college campuses. Since that time a number of books exploring the issues, cases, and laws have moved the topic into the public eye. This work, the brainchild of a lawyer and an academic, reflects on some of the more controversial and overlooked aspects of sexual harassment and its litigation and law.
Chapters cover the legal and regulatory evolution of the issue and its context in higher education at the end of the 20th century; the importance of having colleges approach policy making and harassment by analyzing their own environment; an examination of the treatment of women experiencing harassment, with special focus on women who appear unscathed by it; the situation of the male on campus and the problem of non-meritorious cases; the most familiar myths of consensual relationships and the role of bans in dealing with them; and the contention that the sexual harassment issue has exposed higher education's excesses and contradictions.

Often thought to be a primitive or ancient practice, scapegoating is revealed here as occurring in the justice systems of modern democracies. Ann Daniel, as a first-hand witness, documents several widely publicized disciplinary cases brought against prominent professionals in law and medicine. These were the people who became scapegoats as their professional communities tried to rid itself of troubles and confusions threatening their reputation at the time.
"Scapegoats for a Profession" is an insightful and ground breaking analysis of the scapegoat as a sociological process, which emerged from a three-year Australian Research Council grant into disciplinary practices in the professions. While appealing to those fascinated by famous trials and the workings of discipline and punishment, this book is essential reading for professionals, students and academics in the social sciences, management, law, and medicine.

Often thought to be a primitive or ancient practice, scapegoating is revealed here as occurring in the justice systems of modern democracies. Ann Daniel, as a first-hand witness, documents several widely publicized disciplinary cases brought against prominent professionals in law and medicine. These were the people who became scapegoats as their professional communities tried to rid itself of troubles and confusions threatening their reputation at the time.
"Scapegoats for a Profession" is an insightful and ground breaking analysis of the scapegoat as a sociological process, which emerged from a three-year Australian Research Council grant into disciplinary practices in the professions. While appealing to those fascinated by famous trials and the workings of discipline and punishment, this book is essential reading for professionals, students and academics in the social sciences, management, law, and medicine.

Framed. Imprisoned. Pregnant. Jenna thought she had the perfect life: a loving fiance, a great job, a beautiful home. Then she finds her stepdaughter murdered; her partner missing. And the police think she did it... Locked up to await trial, surrounded by prisoners who'd hurt her if they knew what she's accused of, certain someone close to her has framed her, Jenna knows what she needs to do: Clear her name Save her baby Find the killer But can she do it in time? Praise for Angela Clarke 'Pacey, fiercely feminist, compulsively readable' The Pool 'Written in the sharpest style...Clarke is certainly someone to watch' Daily Mail 'Crime writing with attitude' Mark Edwards, author of The Retreat

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk as they deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle, fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

Condemned to Die is a book about life under sentence of death in American prisons. The great majority of condemned prisoners are confined on death rows before they are executed. Death rows typically feature solitary confinement, a harsh regimen that is closely examined in this book. Death rows that feature solitary confinement are most common in states that execute prisoners with regularity, which is to say, where there is a realistic threat that condemned prisoners will be put to death. Less restrictive confinement conditions for condemned prisoners can be found in states where executions are rare. Confinement conditions matter, especially to prisoners, but a central contention of this book is that no regimen of confinement under sentence of death offers its inmates a round of activity that might in any way prepare them for the ordeal they must face in the execution chamber, when they are put to death. In a basic and profound sense, all condemned prisoners are warehoused for death in the shadow of the executioner. Human warehousing, seen most clearly on solitary confinement death rows, violates every tenet of just punishment; no legal or philosophical justification for capital punishment demands or even permits warehousing of prisoners under sentence of death. The punishment is death. There is neither a mandate nor a justification for harsh and dehumanizing confinement before the prisoner is put to death. Yet warehousing for death, of an empty and sometimes brutal nature, is the universal fate of condemned prisoners. The enormous suffering and injustice caused by this human warehousing, rendered in the words of the prisoners themselves, is the subject of this book.