This book furnishes a quick and clear exposition of the statutory and regulatory responsibilities of those participating in the sale, processing, and transportation of cargo shipped from the United States. It analyzes in detail the duties imposed by the Shipping Act of 1984 on those engaged in U.S. oceanborne trade.Vessel operators can learn about their agreement filing obligations, the scope of their tariffs, what practices are prohibited, the statutory protection in place against abuses by foreign countries, and the numerous governing regulations with which they must comply. Shippers will be informed about their legal obligations for freight charges, carrier services due them, how to obtain a refund or form a shipper's association, and their responsibilities under a shippers' credit agreement. For marine terminal operators, the book spells out the extent of the Federal Maritime Commission's jurisdiction, tariff filing requirements, authorized charges, and their areas of liability. Non-vessel-operating common carriers by water can ascertain which provisions of the 1984 Act govern their conduct, and how they can comply with the bonding requirement and co-loading rules.

Winner of the Julia Ward Howe Prize "The gripping story of the most important environmental law case ever decided by the Supreme Court." -Scott Turow "In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we've come-and how far we still must go." -Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate "any air pollutant" thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5-4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. "There's no better book if you want to understand the past, present, and future of environmental litigation." -Elizabeth Kolbert, author of The Sixth Extinction "A riveting story, beautifully told." -Foreign Affairs "Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system." -Science

Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.

Current estimates indicate that approximately 2.2 million people are incarcerated in federal, state, and local correctional facilities across the United States. There are another 5 million under community correctional supervision. Many of these individuals fall into the classification of special needs or special populations (e.g., women, juveniles, substance abusers, mentally ill, aging, chronically or terminally ill offenders). Medical care and treatment costs represent the largest portion of correctional budgets, and estimates suggest that these costs will continue to rise. In the community, probation and parole officers are responsible for helping special needs offenders find appropriate treatment resources. Therefore, it is important to understand the needs of these special populations and how to effectively care for and address their individual concerns. The Routledge Handbook of Offenders with Special Needs is an in-depth examination of offenders with special needs, such as those who are learning-challenged, developmentally disabled, and mentally ill, as well as substance abusers, sex offenders, women, juveniles, and chronically and terminally ill offenders. Areas that previously have been unexamined (or examined in a limited way) are explored. For example, this text carefully examines the treatment of gay, lesbian, bisexual, and transgender offenders, and racial and gender disparities in health care delivery, as well as pregnancy and parenthood behind bars, homelessness, and the incarceration of veterans and immigrants. In addition, the book presents legal and management issues related to the treatment and rehabilitation of special populations in prisons/jails and the community, including police-citizen interactions, diversion through specialty courts, obstacles and challenges related to reentry and reintegration, and the need for the development and implementation of evidence-based criminal justice policies and practices. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related areas of study, and an essential resource for academics and practitioners working with offenders with special needs.

Your worst nightmare: twelve jurors stand between you and a miscarriage of justice, and none of them have read this book.

Few doubt that America's judicial system is one of the fairest, but we all agree it has problems. Sometimes it must enforce unjust laws, or administer laws in ways that seem inherently unfair. In criminal cases, each participant has his or her proper role: the government prosecutes, the lawyer for the accused defends, the judge referees, and the jury renders aa decision. But few realize the extraordinary power juries have to take control of court proceedings gone wrong, to undo miscarriages of justice, and help preserve the liberties we hold so dear.

In We the Jury ... judicial history student and veteran juror Godfrey D. Lehman has compiled 12 cases from England and the U.S. in which jurors have taken it upon themselves, as a matter of conscience, to nullify or overturn horrific laws that endangered our freedoms. Lehman shows how the concept of jury nullification has been effectively used to protect freedom of assembly and expression, to confront racial prejudice, to protect fair housing, to acknowledge the rights of minorities, to further voting rights, and much more. But now, he warns, this judicial safety valve is jeopardized by consultants who aid attorneys in selecting jurors, by a secretive court process that excludes information from jurors, and by legislators who would restrict the power of juries. We the Jury ... is a wake-up call and a must read for historians, lawyers, judges, and, of course, all prospective jurors.

This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.

Although there is controversy surrounding the Criminal Justice and Public Order Act 1994, it is a wide-ranging piece of legislation. This guide is intended for legal professionals who require quick reference to the provisions of the 1994 Act.

This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations' systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.

Interest in human rights has grown enormously over the past fifty years. But while the media focus mainly on dramatic issues such as unlawful killings, torture, disappearances, or free speech violations, institutions charged with the implementation of human rights (as set out in international treaties) spend a great deal of their time dealing with alleged violations that take place during criminal proceedings.And in the future such issues will become even more important as a result of the increasing internationalization of the administration of criminal justice. In this book, the case-law of the most important and influential international bodies dealing with such issues is presented and critically examined by an author who has spent almost a quarter of a century contributing to its evolution. The European Commission and the European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law,which is of particular interest because of its applicability in both Anglo-Saxon and Continental systems of criminal procedure. The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law, however the author also gives considerable coverage to the application of the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The book will be of interest to all scholars, practitioners, and students of international criminal law and human rights.

In recent times the question of private sector involvement in public affairs has become framed in altogether new terms. Across Europe, there has been a growth in various forms of public-private cooperation in building and maintaining (new) penal institutions and an increasing presence of private companies offering security services within penal institutions as well as delivering security goods such as electronic monitoring and other equipment to penal authorities. Such developments are part of a wider trend towards privatising and marketising security. Bringing together key scholars in criminology and penology from across Europe and beyond, this book maps and describes trends of privatising punishment throughout Europe, paying attention both to prisons and community sanctions. In doing so, it initiates a continent-wide dialogue among academics and key public and private actors on the future of privatisation in Europe. Debates on the privatisation of punishment in Europe are still underdeveloped and this book plays a pioneering and agenda-setting role in developing this dialogue.

The ideal companion to developing the essential skills needed to undertake the core module of English Legal System as part of undergraduate study of law or a qualifying GDL/CPE conversion course. Providing support for learning and revision throughout, the key skills are demonstrated in the context of the core topics of study with expertly written example sets of notes, followed by opportunities to learn and test your knowledge by creating and maintaining your own summaries of the key points. The chapters are reinforced with a series of workpoints to test your analytical, communication and organisational skills; checkpoints, to test recall of the essential facts; and research points, to practice self-study and to gain familiarity with legal sources. Course Notes: the English Legal System is designed for those keen to succeed in examinations and assessments with view to taking you one step further towards the development of the professional skills required for your later career. In addition, concepts are set out both verbally and in diagrammatic form for clarity, and the essential case law is displayed in a series of straightforward and indisposable tables illustrating how best to analyse and compare legal points as expressed by the opinions of the authorities in each case. To check your answers to questions examples are provided online along with sample essay plans and web links to useful web sites and sources at www.unlockingthelaw.co.uk, making this the ideal resource to guide you through the demands of compiling and revising the information you will need for your exams.

Written by one of America's foremost political and legal theorists, Storm Over the Constitution examines the arguments of some of the leading proponents of the doctrine of 'original intent.' According to legal scholars such as Judge Robert Bork, Lino Gralia, Charles Cooper, and Supreme Court Justice Antonin Scalia, a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution. In this brilliant new book, Harry Jaffa illustrates how judges under the influence of this definition of 'original' intent particularly neglect the Declaration of Independence as a guide. Jaffa shows that this definition is, from the point of view of the American Founding, anything but original; moreover, it is openly hostile to the natural-rights theory of those who wrote and ratified the Constitution. The author implores Americans to follow the example set by Abraham Lincoln, who admired the Declaration of Independence more openly, interpreted it more deeply, and implemented it more practically than any other president before or since. Lincoln's achievement fulfilled a tradition of civic understanding and scholarship closer in time and purpose to the founders, and was thus more 'original.'

Briefs of Leading Cases in Corrections, Sixth Edition, offers extensive updates on the leading Supreme Court cases impacting corrections in the United States-prisons and jails, probation, parole, the death penalty, juvenile justice, and sexual assault offender laws. Each chapter contains an introduction to the topic area, making the book more user-friendly and a better source of succinct legal information than before. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court's decision and reasoning. The significance of each case is also explained, making clear its impact on prisoners and corrections in general. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day correctional activities. Twenty-one cases have been added, including those in a new section on the Antiterrorism and Effective Death Penalty Act.

This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

A comprehensive, up-to-date, and authoritative two volume reference work for the fields of corrections and criminal justice featuring over 280 detailed scholarly entries * Assembles a global team of experts from within their respective fields under the guidance of Editor-in-Chief Kent R. Kerley * Provides comprehensive coverage of key topics in corrections, including history, trends and types of punishment, correctional theory, policy, and law * Summarizes the latest theory and practice in major topical areas such as sentencing, community corrections, jails and prisons, special populations, women, juveniles, treatment, prisoner reentry, and the death penalty * Brings together cutting-edge examples from criminal justice systems throughout the US and around the world to provide an essential go-to resource for students, scholars, and researchers

The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.

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 1994. Routledge is an imprint of Taylor & Francis, an informa company.

"Evidence management has become a crucial component for the law enforcement community. I truly believe this book is essential in assisting criminal investigators and a valuable resource for managing evidence."-Jeremiah Sullivan, Chairman, Board of Directors, Texas Division of the International Association for Identification; Senior Crime Scene Specialist (Retired). Austin Police Department As technology and technical applications continue to advance in the forensic sciences, the undertakings at crime scenes have become even more critical. Crime scene investigators must ensure that evidence is properly collected, document, packaged, and stored in a manner that maximizes the ability of laboratories to derive meaning and results from the evidence provided them. Forensic Evidence Management: From the Crime Scene to the Courtroom provides best practices policies for forensic science entities and their employees to maintain chain of custody and evidence integrity throughout the course of evidence collection, storage, preservation, and processing. The focus of the book will be to address the issues related with evidence handling and analysis inside the forensic laboratory, in particular, and to offer best practices and guidelines from leading forensic experts in the field. Forms of evidence covered include biological, chemical, trace, firearm, toolmark, fingerprint, and a host of others types recovered at crime scenes. The book concludes with a chapter on ethics, bias, and ethical practices in evidence handling in the field and laboratory analysis. Test Bank and PowerPointTM slides are available for download from the Taylor & Francis ancillary Web site for qualifying course adopters.

This book summarizes and synthesizes a vast body of research on the effects of legal punishment and criminal behavior. Covering studies conducted between 1967 and 2015, Punishment and Crime evaluates the assertion that legal punishment reduces crime by investigating the impacts, both positive and negative, of legal punishment on criminal behavior, with emphasis on the effects of punitive crime control policies via the mechanisms of deterrence and incapacitation. Brion Sever and Gary Kleck, author of the renowned Point Blank: Guns and Violence in America, present a literature review on legal punishment in the United States that is unparalleled in depth and scope. This text is a must-read for students, researchers, and policymakers concerned with the fields of corrections and crime prevention.

First Published in 2001. Routledge is an imprint of Taylor and Francis, an informa company.

This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action's work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance. This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective. This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Over the last few years intensive community programmes for both young and adult offenders have become established in the UK as an important new component of penal policy - the ISSP (Intensive Supervision and Surveillance Programme) for persistent and serious young offenders, and the ICCP (Intensive Control and Change Programme) for adult offenders. Expectations of these programmes have been high, but the evidence relating to their effectiveness is mixed, and a number of critical concerns have emerged. This book seeks to address these issues, providing a timely review of the current literature, and presents findings of a recent national evaluation of ISSP. Emerging lessons for future penal policy are presented, and set within a wider theoretical context. The book concludes by stressing the need for greater realism and further evidential support if such programmes are to gain long-term credibility, and also to consider the appropriateness of differing forms of targeting as well as the emphasis placed on the various methods of surveillance.

The Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbookprovides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits. This is a definitive and invaluable resource!