The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

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.

Handbook on Punishment Decisions: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. This collection of essays and reports of original research defines disparity broadly to include the intersection of race/ethnicity, gender, age, citizenship/immigration status, and socioeconomic status, and it examines dimensions such as how pretrial or guilty plea processes shape exposure to punishment, how different types of sentencing decisions and/or policy structures (sentencing guidelines, mandatory minimums, risk assessment tools) might shape and condition disparity, and how post-sentencing decisions involving probation and parole contribute to inequalities. The sixteen contributions pull together what we know and what we don't about punishment decision-making and plow new ground for further advances in the field. The ASC Division on Corrections & Sentencing Handbook Series publishes volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or people with mental illness. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

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.

Franklin D. Roosevelt appointed 10 justices to the U.S. Supreme Court -- more than any president except Washington -- and during Roosevelt's presidency the Supreme Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. This collection examines FDR's influence on the Court and the Court's growing influence on American life during his presidency.

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.

The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial. The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis).

Many legal scholars believe that judges should not be "activists." But exactly what does it mean for judges to practice "restraint," and how did that set of practices evolve in America? In Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented, Evan Tsen Lee traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the "vested property rights" courts of the early 20th Century, through the Warren Court, and up to the present. The Supreme Court and the many lower federal courts have long used mystifying technical doctrines known as "standing" and "abstention" out of a professed fidelity to judicial restraint. Yet this book aims to demonstrate that the concept of judicial restraint cannot be meaningfully viewed outside of the varying contexts of American history. The notion of judicial restraint only makes sense in light of the waxing and waning American commitments to property rights and Protestant idealism, to scientific pragmatism, to racial equality, and even to environmental protection and the need to stem climate change. This book focuses on the personalities and lives of powerhouse Supreme Court justices - John Marshall, Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter, William Brennan, and now Antonin Scalia. Largely written in narrative form, it will appeal to those interested in how politics, society, and the power of ideas have shaped American public law.

Drawing on court records from London and the South West, Sexual Forensics in Victorian and Edwardian England explores medical roles in trials for sexual offences. Its focus on sexual maturity, a more flexible concept than the legal age of consent, enables histories of sexual crime to be seen in a new light.

British judges increasingly now pay attention to foreign case law when deciding domestic cases, and are required to interpret and apply international law in domestic courts and administer an international code of human rights. Tom Bingham examines the consequences of this increasingly internationalist outlook of British courts, including cases which rely on a range of foreign cases, cases where an international convention or principle is interpreted and cases in which human rights cases are decided in reliance on principles established elsewhere.

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.

Solicitation to murder, bribery, threatening, extortion, perjury - all these are criminal acts whose medium is language. Since the 1970s American law enforcement agencies have been covertly tape recording conversations to bring such crimes to justice. With increasing frequency the decision of the court has come to turn on this taped evidence - and on unravelling the ambiguity and misunderstanding such evidence brings.
"Language Crimes" tells the story of some of the remarkable cases in which Roger Shuy, as a linguist, has served as an expert witness. They include the trial of automobile executive John DeLorean and the U. S. Senate hearing concerning disciplinary action to be taken against Senator Harrison A Williams in the wake of the FBI's Abscam operation, as well as the cases of lesser known, average Americans, including a San Jose jeweller, a Honolulu union representative, a Kansas City lawyer and two Nevada brothel commissioners. These are intriguing stories which show the power of the study of language to assist the courts to achieve justice.

This volume initiates the completion of the calendars of medieval inquisitions post mortem for the years 1422-85. Academic Director and General Editor: Christine Carpenter This volume follows its predecessor numerically, but it initiates a new series to complete the calendars of medieval Inquisitions Post Mortem. The growth of interest in the late-medieval nobility and gentry and their estates, and the significance of IPMs for such research, makes it especially important that the gap for the years 1422-85 should be filled. The volume includes a wide-ranginggeneral introduction to the series by Dr Christine Carpenter, which considers the history and production of IPMs and their use as sources. Innovations include the addition of all jurors names, which it is hoped will encourage further interest in the prosperous villagers who characteristically sat on these juries, and details reflective of administrative processes. The volume covers the first five years of Henry VI's reign, a period of minority and of continuing war in France. Notable tenants include Edmund earl of March, Ralph earl of Westmorland and the de la Pole heiresses.

Contents:
What is an expert witness?; so you want to be an expert; the attorney-expert relationship; what do you offer the attorney?; reports - to be or not to be?; how much are they paying you for your testimony?; play acting; can you determine cause? now the deposition; the courtroom, the judge and the jury; the trial comes eventually; nature of the attack on you; the aftermath.

Governance is a much wider concept than government and administration as traditionally understood. The tasks facing the public sector have altered with the development of New Public Management (NPM), the purchaser/provider divide, the move to best value, regardless of the delivery mechanism, contracting out, partnerships, devolved politics and globalization.

This book is a practical guide to practice and procedure in courts and tribunals. It is aimed at the recently qualified practitioner, pupil barristers, trainee solicitors, or lawyers unversed in advocacy and procedure.

It provides a guide to applications in most areas of the law, with brief discussions of the relevant law, rules of procedure and practical tips. The applications covered are those which practitioners are likely to encounter in their first years of practice. In addition, each chapter attempts to anticipate likely pitfalls, with suggested solutions. The court system and techniques of advocacy are also covered.

This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.

This book provides a useful overview of the latest research into the interaction between psychology and the courts. Leading scholars and practitioners review recent research and practice in a number of principal areas:
* adolescents in the legal system
* the role of juries
* competency to stand trial
* conditional release
* eyewitness evidence and testimony
* the role of the victims.

This book will address collateral legal consideration that may affect emergency service organizations. Its primary focus is on the relationship between the emergency service employee and the organisation. With the deterioration of "At Will" employment doctrine by Congress and courts, emerging new technologies, and the dwindling number of "unionized shops", emergency service organizations face the potential of increased litigation under new and novel theories in areas which were not even fathomed by emergency service organizations twenty years ago.
Written by a lawyer for non-lawyers, the book is not consumed with the basic legalese that most books of this kind are. It seeks to inform the user of his or her rights under the law in a clear and comprehensive way. Legal Liabilities in EMS will cover topics such as workers compensation, negligence issues, employment discrimination, Family and Medical Leave Act, EMS and privacy in the workplace. To provide extra guidance the text also provides cases exemplifying the issue and an appendix of websites that can provide further information.

This book is one of the few studies of how the rule of law has fared in a developing country since it achieved independence.

This book provides institutional information as well as practical usage information on the US Court of Appeals. In addition, it includes important statistical information for researchers and students interested in a variety of topics less directly related to the judiciary.

The relationship between law and religion has traditionally been analysed according to two basic paradigms. One has focused on the relationship between religious communities and the State (the Church/State paradigm), while the other has concentrated on the relationship between the State and the individual (the liberal-individualist or civil liberties paradigm). This book enriches the analysis of law and religion in society by emphasising a third and complementary analytical dimension involving the relationship between religious communities and religious individuals. In particular, the contributors explore the various facets of the multiple tensions that exist in the legal relationships between religious organisations, State and adherents in the period leading up to the third Christian millennium. Against the background of the complex and sometimes contradictory responses of religious organisations and the State to the Human Rights Act, this interdisciplinary collection draws on contributions from leading scholars active in the field of religious rights and the interaction of law and religion based in the UK, USA, Canada, New Zealand and elsewhere, and makes a timely and significant contribution to international debates in a variety of academic disciplines. Contributors explore international concerns over religious liberty, focusing particularly on the boundaries of ethnicity and religious community, the status of the 'established' Churches in the UK, and the proper place for religious organisations under generally applicable legal regimes of non-discrimination. Themes discussed are closely related to wider interests within legal and socio-legal studies involving gender, discrimination, equality, community and the nature and limits of individualism and individual legal rights.

In a world awash in "fake news," where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking-all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.

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 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."

Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions.