This classic casebook has been thoroughly updated for 2020-retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The fascinating story behind the innocence movement's quest for justice. Documentaries like Making a Murderer, the first season of Serial, and the cause celebre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit. In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the "innocence movement." Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States. Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent. Exonerated reveals the rich background story to this complex movement.

As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors-we acquit the guilty and convict the innocent-and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants "not guilty," as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness.

Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.

Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.

Commentaries by

Harold Abramson

Phyllis Bernard

John Bickerman

Melissa Brodrick

Dorothy J. Della Noce

Dan Dozier

Bill Eddy

Susan Nauss Exon

Gregory Firestone

Dwight Golann

Art Hinshaw

Jeremy Lack

Carol B. Liebman

Lela P. Love

Julie Macfarlane

Carrie Menkel-Meadow

Bruce E. Meyerson

Michael Moffitt

Forrest S. Mosten

Jacqueline

Nolan-Haley

Bruce Pardy

Charles Pou

Mary Radford

R. Wayne Thorpe

John Winslade

Roger Wolf

Susan M. Yates

Capital punishment is one of the more controversial subjects in the social sciences, especially in criminal justice and criminology. Over the last decade or so, the United States has experienced a significant decline in the number of death sentences and executions. Since 2007, eight states have abolished capital punishment, bringing the total number of states without the death penalty to 19, plus the District of Columbia, and more are likely to follow suit in the near future (Nebraska reinstated its death penalty in 2016). Worldwide, 70 percent of countries have abolished capital punishment in law or in practice. The current trend suggests the eventual demise of capital punishment in all but a few recalcitrant states and countries. Within this context, a fresh look at capital punishment in the United States and worldwide is warranted. The Routledge Handbook on Capital Punishment comprehensively examines the topic of capital punishment from a wide variety of perspectives. A thoughtful introductory chapter from experts Bohm and Lee presents a contextual framework for the subject matter, and chapters present state-of-the-art analyses of a range of aspects of capital punishment, grouped into five sections: (1) Capital Punishment: History, Opinion, and Culture; (2) Capital Punishment: Rationales and Religious Views; (3) Capital Punishment and Constitutional Issues; (4) The Death Penalty's Administration; and (5) The Death Penalty's Consequences. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related subjects, and is also an essential reference for academics and practitioners working in prison service or in related agencies.

The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch's actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. Courts at War goes beyond the post-9/11 armed conflict. It analyzes the changes in the position of courts vis-A-vis the other branches of government (courts in conflict with the executive, the legislature, or both)-even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments. Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump's travel ban.

This softcover book contains a complete, unchanged reprint of Chapters 1-10 and Chapter 14 of Dressler, Thomas, and Medwed's Criminal Procedure: Principles, Policies, and Perspectives, Seventh Edition. Please see that description for more about the style and approach of the book.

A remarkable look at an understudied feature of the Iranian justice system, where forgiveness is as much a right of victims as retribution Iran's criminal courts are notorious for meting out severe sentences-according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to outside observers, however, is the Iranian criminal code's recognition of forgiveness, where victims of violent crimes, or the families of murder victims, can request the state to forgo punishing the criminal. Forgiveness Work shows that in the Iranian justice system, forbearance is as much a right of victims as retribution. Drawing on extended interviews and first-hand observations of more than eighty murder trials, Arzoo Osanloo explores why some families of victims forgive perpetrators and how a wide array of individuals contribute to the fraught business of negotiating reconciliation. Based on Qur'anic principles, Iran's criminal codes encourage mercy and compel judicial officials to help parties reach a settlement. As no formal regulations exist to guide those involved, an informal cottage industry has grown around forgiveness advocacy. Interested parties-including attorneys, judges, social workers, the families of victims and perpetrators, and even performing artists-intervene in cases, drawing from such sources as scripture, ritual, and art to stir feelings of forgiveness. These actors forge new and sometimes conflicting strategies to secure forbearance, and some aim to reform social attitudes and laws on capital punishment. Forgiveness Work examines how an Islamic victim-centered approach to justice sheds light on the conditions of mercy.

Former bank manager Ronald Dalton never got to watch his three young children grow up. In 1989 he was convicted for a crime that never happened. His wife, Brenda, was later ruled to have choked to death on breakfast cereal not strangled as a pathologist had initially claimed. Dalton's daughter, Alison, was in kindergarten when he was charged with second-degree murder in 1988. He attended her high school graduation on June 26, 2000, two days after his conviction was finally overturned.

Behind the proud facade of Canada's criminal justice system lie the shattered lives of the people unjustly caught within its web. Justice Miscarried tells the heartwrenching stories of twelve innocent Canadians, including David Milgaard, Donald Marshall, Guy Paul Morin, Clayton Johnson, William Mullins-Johnson, and Thomas Sophonow, who were wrongly convicted and the errors in the nations justice system that changed their lives forever.

This 2019 Supplement may be used with any casebook or other materials used in an Evidence course. It was prepared to accompany Weinstein, Abrams, Brewer, and Medwed's Evidence, 10th Edition. It contains the latest versions of the Federal Rules of Evidence and the California Evidence Code, with comments, notes and commentaries.

For two decades, Criminal Procedure: Principles, Policies, and Perspectives (and its softcover versions, Criminal Procedure: Investigating Crime and Criminal Procedure: Prosecuting Crime), written by Joshua Dressler, George C. Thomas III and now also Daniel S. Medwed, has sought to inspire students to analyze and critique constitutional and non-constitutional criminal procedure doctrine. The book features careful case selection and editing that includes dissenting and concurring opinions when useful in understanding the law. The Notes and Questions are uniformly thoughtful and sometimes even humorous. The Seventh Edition includes most of the cases and material that users have told us were successful in the past. The book continues to include "in the trenches" material that gives students an idea of what life is like inside the squad car, the interrogation room, and the courtroom. We have added new material: A new section, "America the Violent," which includes material about the role that violence has always played in our country By popular demand, the return of an "old faithful" case, Warden v. Hayden (on the exigency exception to the warrant "requirement") Carpenter v. United States, the critically important case on police access to historical cell phone records, a case which calls into question some prior "search" cases New Notes on other Fourth Amendment decisions since the prior edition on such matters as warrantless blood tests on unconscious motorists, warrantless searches of cars found in the curtilages of a home, and a case holding that a driver who is not the renter of a rental car may have standing to challenge a police search even though the renter was not in the vehicle A new section on Miranda waivers and their consequences In the Pretrial Release chapter, we have augmented the Notes to include important state-level developments in bail reform In the Case Screening chapter, we added new Notes to address recent changes in charging practices, including discussion of a growing movement by progressive county prosecutors to decline to charge certain categories of crimes, a trend that raises a number of questions about discretion, separation of powers, and intra-state disparities Discussion of how "big data" may have an impact on jury selection In the Trial chapter, new material on jury nullification and recent Supreme Court post-Batson cases Updated material throughout the book on the effects of racial and gender discrimination on the justice 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.

This classic civil procedure casebook begins with a detailed overview, thus providing students with a solid and complete grounding in the subject, before proceeding to in-depth coverage of the major problem areas. It is highly versatile and can serve the most profound of civil procedure courses as well as a modern compact course allotted as few as three semester hours. Thanks to its flexible structure, it also fosters diverse teaching methods. The thirteenth edition retains prior editions' range and depth of coverage, while reflecting a thorough rewriting for improved flow and clarity. It newly features most prominently a reordering of the Part on jurisdiction and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven "Stories" approach to the presentation of the major cases' backgrounds.

This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The thirteenth edition has been thoroughly updated. It newly features most prominently a reordering of Part Three and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven "Stories" approach to the presentation of the major cases' backgrounds.

Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults--a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. "When Brute Force Fails" explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade.

Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken.

Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date. Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.

Evidence Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts." - Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham University "The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." Carly Hatchard, law student, University of Bolton "This revision guide is excellent ... I would certainly recommend it as a revision aid" - Claudia Carr, Principal Lecturer, Hertfordshire Law School, University of Hertfordshire "The Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it's a great series." Emma Wainwright, law student, Oxford Brookes University "A really good overview of the key themes, tensions, and debates ... encourages students to go that bit further to increase their chances of scoring better in the assessment." - Professor Nicola Glover-Thomas, Professor of Law, University of Manchester "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "Undoubtedly a good resource ... I would certainly recommend it as additional material for modules assessed by examination." - Dr Ben Stanford, School of Law, Liverpool John Moores University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire Take it online: The 7th edition is available in paperback, or e-book and is supported by extensive online resources to take your learning further. Visit www.oup.com/lawrevision/ for expert revision and study advice, self-test questions and answers, flashcard key cases and glossary and outline answers to questions from the book.

'How much for my leg?' This is an apparently simple question that someone might ask their lawyer after sustaining a wrongful injury to the said limb. But, in Scotland, no fixed answer can be given. Nor can any official range of possible figures be given. Only after some serious professional work, perhaps taking many hours, can a range of figures be suggested. This study of the assessment of non-pecuniary damages for personal injury reviews the state of current approaches in Scotland, considers the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform.