This book examines the role of courts in times of transition. The book focuses on judicial experiences from the Iberoamerican region, in particular Argentina, Chile, Colombia, Spain and Guatemala, exploring the extent to which national courts have been able to shoulder the task of investigating and prosecuting grave crimes such as genocide, crimes against humanity and war crimes, committed in the context of a previous repressive rule or current conflict. The volume contains contributions from judges, prosecutors, and scholarly experts in the region. It offers first-hand experiences and expert findings on crucial issues surrounding the role of the courts including: balancing principles of justice and fundamental concerns about legality and non-retroactivity; security problems facing courts in conflict situations; the immense case load; the role of regional and international courts in aiding their national counterparts; and the cooperation between different and overlapping jurisdictional competences. The book also draws attention to the way in which regional and international courts have come to contribute to the initiation of national judicial processes, above all, through international standard-setting and pressure. It goes on to articulate a philosophical critique of the dominant understandings of transitional justice because it has not paid sufficient attention to criminal justice. In this context, the volume outlines an alternative conceptualisation that seems better equipped to both explain the recent developments towards the judicialization' of transitional justice politics while, at the same time, also insisting on the continued need for caution and critical reflection on the role of courts in times of transition.

Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.

The current emphasis on get tough approaches to crime has had and will continue to have a disastrous impact on society as a whole. Cook, who has worked extensively in various capacities throughout the criminal justice system, argues that the failure to encourage treatment and rehabilitation is extremely shortsighted and serves only to postpone societal ills. He examines the prison experience as a psychological experience and suggests that restructuring the prison environment to focus on changing the behavior of criminals will ultimately be more cost effective and more beneficial to society. Approaching the problem of crime in a coordinated and systematic way will produce more results than the current reliance on political posturing and media sound bites.

Recent formulation of crime policy often seems driven by statistically rare and exceptional events, and the new laws passed in response to sensational events have actually resulted in an ever-growing and increasingly violent criminal underclass. Similarly, the trend toward incarceration and extreme punishment as the primary means of correction has led to unfortunate consequences. Overcrowding, massive prison construction, and the siphoning of funds from the rest of the public sector are all get tough byproducts. This study proposes solutions to current systemic problems aimed at those interested in trying to develop plans or treatment strategies within correctional settings.

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

On December 24, 1968, ten-year-old Pamela Powers was brutally murdered, her body dumped at the side of the road to freeze. Robert Anthony Williams was charged with the crime, and a series of trials, appeals, and reversals ensued. The Christian Burial Case: An Introduction to Criminal and Judicial Procedure introduces readers to the intricacies of the American legal system, using the Williams case to illustrate all the stages of the legal process from the point of arrest, to the trial, the appellate process, and, ultimately, the Supreme Court. The text clearly and concisely explains criminal and court procedures in the context of the Williams case, paying careful attention to the rights against self-incrimination and to counsel, and to the role of the exclusionary rule in our system of justice. This unique introduction to criminal justice and judicial procedure captures the imagination of the reader as it chronicles "The Christian Burial" case from beginning to end. Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.

Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.

Corrections: A Critical Approach (third edition) confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos.

Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) as well as expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration.

Covering five main areas of inquiry penal context, penal populations, penal violence, penal process, and penal state this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.

This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor's Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

This sequel to the authors' Psychological Knowledge in Court offers a welcome expansion on key concepts, terms, and issues in causality, bringing much needed clarity to psychological injury assessments and the legal contexts that employ them. This book clearly explains what lawyers and clinicians need to understand about each other's work. Forensic practitioners and attorneys will turn to Causality of Psychological Injury as their professional paths increasingly cross in seeking comprehensive and state of the art information.

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include diagrams at the start of chapters to summarise the key points, structured heading levels to allow for clear recall of the main facts, and charts and tables to break down more complex information. New to these editions is an improved text design making the books easier to read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.ukwhere you will find extensive revision materials including multiple choice questions in addition to a questions and answers section.

First published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and - most important - interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.

Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.

The English Legal System: Cases and Materials has hand-picked the key cases, statutes and other sources of law for students studying an English Legal System module. Using an accessible style, and organised to mirror most course syllabi, this book brings together a wide range of topical material which will enable you to find key sources easily.

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.

* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management

* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management