Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts.

Legal Data and Information in Practice provides readers with an understanding of how to facilitate the acquisition, management, and use of legal data in organizations such as libraries, courts, governments, universities, and start-ups. Presenting a synthesis of information about legal data that will furnish readers with a thorough understanding of the topic, the book also explains why it is becoming crucial that data analysis be integrated into decision-making in the legal space. Legal organizations are looking at how to develop data-driven insights for a variety of purposes and it is, as Sutherland shows, vital that they have the necessary skills to facilitate this work. This book will assist in this endeavour by providing an international perspective on the issues affecting access to legal data and clearly describing methods of obtaining and evaluating it. Sutherland also incorporates advice about how to critically approach data analysis. Legal Data and Information in Practice will be essential reading for those in the law library community who are based in English-speaking countries with a common law tradition. The book will also be useful to those with a general interest in legal data, including students, academics engaged in the study of information science and law.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.

First published in 1987, Rape on Trial investigates the impact of the Sexual Offences (Amendment) Act, 1976 and considers the treatment of rape victims by the courts in United Kingdom. Extracts from trials are used extensively, and the author examines in particular: how the anonymity provisions have worked out in practice; how far the victim's previous sexual history is brought up in court; how far she is held to be responsible for her victimisation; ways in which the validity of her complaint is questioned in court; and defence strategies to present her as a legitimate victim. Also included are a critical discussion of the controversial question of sentencing for rape, and new proposals for legislative and procedural change. Extremely pertinent to current times, this book will be of interest to students of law, criminology, sociology as well as to any concerned citizen.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into - and the consequences that may ensue if this is not done - makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

`Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea's legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume.'---William Alford, Harvard Law School, USA`This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today.'---Thomas Ginsburg, Chicago Law School, USA This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions. Throughout Korea's democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts-which in turn have ramifications in the nation's political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea. As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases. Kuk Cho is in the School of Law at Seoul National University, Korea.

Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.

The Routledge Handbook on American Prisons is an authoritative volume that provides an overview of the state of U.S. prisons and synthesizes the research on the many facets of the prison system. The United States is exceptional in its use of incarceration as punishment. It not only has the largest prison population in the world, but also the highest per-capita incarceration rate. Research and debate about mass incarceration continues to grow, with mounting bipartisan agreement on the need for criminal justice reform. Divided into four sections (Prisons: Security, Operations and Administration; Types of Offenders and Populations; Living and Dying in Prison; and Release, Reentry, and Reform), the volume explores the key issues fundamental to understanding the U.S. prison system, including the characteristics of facilities; inmate risk assessment and classification, prison administration and employment, for-profit prisons, special populations, overcrowding, prison health care, prison violence, the special circumstances of death row prisoners, collateral consequences of incarceration, prison programming, and parole. The final section examines reform efforts and ideas, and offers suggestions for future research and attention. With contributions from leading correctional scholars, this book is a valuable resource for scholars with an interest in U.S. prisons and the issues surrounding them. It is structured to serve scholars and graduate students studying corrections, penology, institutional corrections, and other related topics.

Women, Reentry and Employment: Criminalized and Employable? explores the conflicting discourses about employment for women who are exiting prison. It empirically outlines the landscape of employability supports available to reentering women, the 'steps to employment' women are directed to follow, and the barriers to employment they face and theoretically explores the subject positions of criminalized and employable women. This book offers a contemporary contribution to the scholarship of the past three decades that has queried, monitored, and challenged practices and policies relating to women's corrections in Canada. Based on data gathered about community-based employment supports available to reentering women in Ontario, Canada, exploring how language constructs the subject positions of criminalized and employable women, and bringing into conversation the extensive body of work about women's employment and employability and reintegration, the book marks a unique but important intersection of these empirical and theoretical domains. Central to the book is the juxtaposition of two key subject positions mobilized in women's corrections. One is that of the criminalized woman, a subject whose experiences of trauma and marginalization have rendered her emotionally and mentally broken; she is constrained by her past and incapable of acting towards her future. The other subject position is that of the employable woman who is future oriented, confident, and 'responsible' for her own socio-economic inclusion. How do reentering women experience, inhabit, and resist these incompatible subject positions? Challenging the invisibilization of women's experiences in the criminal justice system, Women, Reentry and Employment will be of great interest to students and scholars of Criminology, Penology, and Women's Studies.

Drawing on qualitative research conducted with young people in New York, this volume highlights the unique experiences of children of incarcerated parents (COIP) and counters deficit-based narratives to consider how young people's voices can inform and improve educational support services. Supporting Children of Incarcerated Parents in Schools combines the author's original research and personal experiences with an analysis of existing scholarship to provide unique insight into how COIP experience schooling in the United States. With a focus on the benefits of qualitative research for providing a more nuanced portrayal of these children and their experiences, the text foregrounds youth voices and emphasizes the resilience, maturity, and compassion which these young people demonstrate. By calling attention to the challenges that COIP face in and out of school, and also addressing associated issues around race and racism, the book offers large and small-scale changes that educators and other allies can use to better support children of incarcerated parents. This volume will be of interest to scholars and researchers interested in the sociology of education, race and urban education, and the impacts of parental incarceration specifically. It will also be of benefit to educators and school leaders who are supporting young people affected by these issues.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing "Area of Freedom, Security and Justice". Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court's historically masculinist gender regime. This book examines how the High Court's gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court's gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution's gender regime. Hence, the enquiry is not so much asking 'have women judges made a difference?' but rather is asking how should we understand women judges' relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court's gender regime at a particular time.