The Inner Temple is many things to many people: a community of highly motivated and highly trained professionals; a cluster of fine buildings in the heart of London; an honourable society with its own etiquette, rules and traditions; an institution proud of more than six centuries of history.This richly illustrated celebratory volume published on the occasion of the institution's 400th anniversary, will reflect the distinctively collegiate life in the Inner Temple through stimulating and entertaining individual memories, anecdotes and stories of members of the Society.Themes and topics in the book include: The Temple of the Knights; the coming of the lawyers; Lord Robert Dudley; the pegasus and the revels; from Chaucer to Mortimer - the Inn's literary connections; learning the law; architectural heritage' the Inn's treasures; Lord Chancellors; illustrious and notorious members; life at the Bar and in chambers; the Inner Temple and the wider world and, a day in the life of the Inn.

A revealing examination of the Supreme Court's justices and their "cautiously moderate" jurisprudence during the ten-year tenure of Chief Justice Salmon Portland Chase. The Chase Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Salmon Portland Chase. Accompanying an in-depth analysis of the Chase Court's landmark rulings on Civil War and Reconstruction issues that shaped U.S. history-such as military commissions and the status of seceding states-are detailed discussions of the Court's rulings on government-issued paper currency "greenbacks" and the newly ratified 14th Amendment. Salmon Portland Chase's role as the first chief justice to preside over the impeachment of a president is carefully examined. Profiles of the 13 Chase Court justices describe their rise to prominence, controversies surrounding their nominations, work on the court, judicial philosophies, important decisions, and overall impacts. A-Z entries include the significant rulings involving Reconstruction and restoration of the Union such as Ex parte Milligan (1866), the Test Oath Cases (1867), Ex parte McCardle (1868), and Texas v. White (1869) An analysis of the historical impact and continuing legacy of decisions such as the Court's narrow interpretation of the 14th Amendment in the famous Slaughterhouse Cases

Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy, John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference towards criminals and paranoia that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behaviour. Perhaps explaining why in many Western countries prisons rates have soared while crime rates have been declining. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media; less reliance on the more orthodox expertise of civil servants and academics; and, limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement. in criminology and crime policy.

This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.

The Devil's Advocate, a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do's and Don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. The Devil's Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate. Iain Morley QC is twenty years call in well-known London criminal chambers, prosecuting and defending in the Crown Courts, including many high-profile serious crime cases. He has taught advocacy skills pro bono to the Inner Temple juniors, written much of the teaching materials, and taught the teachers - including Silks and Judges. * Presents the leading book on advocacy, bridging the gap between reading about advocacy and how you actually do it* Written in a no-nonsense and engaging style to bring a fresh approach to studying advocacy * Explains the art of persuasiveness, how to make convincing speeches, and effective cross examination * Describes well-established techniques and exercises used in court for constantly improving questioning and witness control * Offers punchy advice and insightful comments on all of the necessary skills and processes involved in advocating * Uses examples throughout to illustrate key points and aids knowledge retention * Includes a new chapter on the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up, such as the need for simultaneous translations

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This book provides a comprehensive account of the imprisonment of women for politically motivated offences in Northern Ireland between 1972 and 1999. Women political prisoners were engaged in a campaign to obtain formal recognition as political prisoners, and then to retain this status after it was revoked. Their lengthy involvement in a prison conflict of international significance was notable as much because of its longevity as the radical aspects of their prison protests, which included hunger strikes, dirty-protests and campaigns against institutional abuses. Out of Order brings out the qualitatively distinctive character and punitive ethos of regimes of political imprisonment for women, exploring the dynamics of their internal organisation, the ways in which they subverted order and security in prison, and their strategies of resistance and exploitation. Drawing upon a wide range of first hand accounts and interviews this book brings together perspectives from the areas of political imprisonment, the penal punishment of women and the question of agency and resistance in prison to create a unique, highly readable study of a neglected subject.

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.

13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.

"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

Procedure is not just a programme or a nexus of formalities. It is something done by legal experts and lay participants in a highly concerted ensemble. Procedure frames and advances all law-relevant activities. This book, written by three authors from different disciplinary backgrounds, provides an in-depth comparison of criminal defence work in different legal cultures. Via an ethnographic comparison, this book also shows how defence work responds to the challenges of different procedural regimes and how it contributes to their individual outcomes. Criminal Defence and Procedure opens up new horizons for legal comparison, inviting novel understandings of procedural law as well as possibilities of legal reform.

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

Over the last twenty-five years, there has been a spirited debate in the courts, Congress, and in the academy about how to interpret federal statutes, the laws of Congress. Federal judges spend a considerable amount of time trying to understand Congress's meaning. Just as Congress produces laws, so courts are called on to interpret them. When the language of the statute is unambiguous, then, the job of the judge is generally straightforward. But when-as often happens-the statute is ambiguous, the interpretative task is not obvious. How a judge interprets statutes - sticking only to the text when the language is ambiguous, or going beyond the text to legislative materials - is of fundamental importance. For the methodology of interpretation can affect the outcome and thus whether the law has been construed consistently with Congress's meaning. Justice Scalia has fueled the debate, arguing that courts should look to the text of the statute and to virtually nothing else. In Judging Statutes, Chief Judge Robert A. Katzmann of the U.S Court of Appeals for the Second Circuit, respectfully disagrees. Drawing upon his interdisciplinary background in law and political science, he argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known, through text and reliable accompanying materials should be respected. Judge Katzmann contends that there has been scant consideration given to what is critical as courts interpret statutes - an appreciation of how Congress actually functions and signals its meaning, and what Congress expects of those interpreting its laws. Judging Statutes explores how Congress works; how agencies construe legislation; and examines two interpretative approaches, purposivsm and textualism. The author discusses cases in which he was the writing judge and which the Supreme Court reviewed, and concludes with some suggestions to promote understanding between courts and Congress.

This work deals with the real practicalities of getting results in the Magistrates' Court. It looks at who's who at court, and who holds what information, where forms are kept and how to fill them in. This new edition contains practical guidance which until now has been hard to find in other publications for example: how to get bail; how to argue for separate representation; what you should be looking for in disclosure; and a digest of jargon and shorthand used by the police, CPS and court staff.

In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

This unique reference offers a discussion of the social and legal history behind the ongoing evolution versus creationism controversy. Evolution in the Courtroom: A Reference Guide chronicles the legal history of the evolution/creation debate sparked by Charles Darwin's publication On the Origin of Species by Means of Natural Selection in 1859. The first seven chapters provide a detailed historical overview of the debate, reviewing all of the major court cases with particular emphasis on the infamous Scopes "Monkey Trial" which pitted fundamentalist William Jennings Bryan against ACLU defense attorney Clarence Darrow, and became the standard to which all subsequent evolution trails have been compared. Ensuing discussions of the rise and fall of creationism as a science and the failure of "balanced treatment" in public schools culminate in a summary of skirmishes over the last decade. Profiles of scientists, politicians, clergy, and other influential people from Galileo to Frank White, the Arkansas governor who signed the equal time law without ever reading it, reveal fascinating facts and perspectives on both sides of the controversy. Detailed chronology of the history of the debate from Aristotle in 310 B.C. to the U.S. Senate's adoption of "Sense of the Senate" in June 2002 Biographies of 172 key individuals on both sides of the controversy, including Leona Wilson, who initiated the first lawsuit by creationists An edited collection of the eight principal court decisions, including Mclean v. Arkansas and Segraves v. State of California Photographs and illustrations of influential people like Herbert Spencer, who coined the terms "evolution" and "survival of the fittest"

Drug courts offer offenders an intensive court-based treatment program as an alternative to the normal adjudication process. Begun in 1989, they have since spread dramatically throughout the United States. In this interdisciplinary examination of the expanding movement, a distinguished panel of legal practitioners and academics offers theoretical assessments and on-site empirical analyses of the workings of various courts in the United States, along with detailed comparisons and contrasts with related developments in Britain. Practitioners, politicians, and academics alike acknowledge the profound impact drug courts have had on the American criminal justice system. From a range of disciplinary perspectives, contributors to this volume seek to make sense of this important judicial innovation. While addressing a range of questions, Drug Courts also aims to achieve a careful balance between focused empirical studies and broader theoretical analyses of the same phenomenon. The volume maintains an analytical concentration on drug courts and on the important practical, philosophical, and jurisprudential consequences of this unique form of therapeutic jurisprudence.

Drug courts depart from the practices and procedures of typical criminal courts. Prosecutors and defense counsel play much-reduced roles. Often lawyers are not even present during regular drug court sessions. Instead, the main courtroom drama is between the judge and client, both of whom speak openly and freely in the drug court setting. Often accompanying the client is a treatment provider who advises the judge and reviews the client's progress in treatment. Court sessions are characterized by expressive and sometimes tearful testimonies about the recovery process, and are often punctuated with applause from those in attendance. Taken together, the chapters provide a variety of perspectives on drug courts, and extend our knowledge of the birth and evolution of a new movement. Drug Courts is an essential reference for courses in criminology, the sociology of drugs and deviance, and the philosophy of law and punishment.

A distinguished group of noted criminal justice specialists here examines the impact of the new U.S. sentencing guidelines, imposed in 1987, on law enforcement, the prosecution and courts, and corrections. Although these guidelines were created with the expressed purpose of increasing judicial fairness and reducing prison overcrowding, the contributors argue that their long range effects will be to aggravate present overcrowding problems to intolerably high levels. To make their case, contributors address individually such issues as plea bargaining, the new role of parole and corrections officers, the likely effects of the scheduled abolition of the parole board in 1992, and more. Both students of criminal justice and practicing parole and corrections officers will find these chapters enlightening reading.

Following an introductory overview that puts the U.S. sentencing guidelines in perspective, two chapters discuss their impact on law enforcement, officer discretion, and crime control and deterrence. Turning to an exploration of the courts, the contributors address prosecutorial discretion in plea bargaining, judicial discretion and sentencing disparities, case processing and sentencing alternatives, and how predictions of dangerousness affect the sentencing process. In their analysis of the relationship between the sentencing guidelines and corrections trends, the contributors examine issues such as community-based corrections and privatization, inmate litigation and constitutional issues, and recidivism. Finally, editor Dean Champion offers a perceptive synthesis of the volume by summarizing the serious problems posed by imposition of the U.S. sentencing guidelines. Four appendices provide additional related information for the student and researcher.

Lawyer, judge, banker, classics professor, and councilman, Thomas Mellon greatly influenced the fortunes of his hometown, Pittsburgh, throughout the nineteenth century. In the process, he became one of the city's most important business leaders, and he laid the foundation for a family that would contribute considerably to the city's growth and welfare for much of the next hundred years, becoming one of the world's most recognizable names in industry, innovation, and philanthropy. Through his in-depth examination of the extensive Mellon family archives, in "The Judge "James Mellon--a direct descendent of Thomas Mellon--has fashioned an incisive portrait of the elder Mellon that presents the man in full. Offering a singular and insightful characterization of the Scotch-Irish value system that governed the patriarch's work and life, James Mellon captures the judge's complexities and contradictions, revealing him as a truly human figure.

Among the recent biographies of Pittsburgh's famous businessmen, "The Judge" stands apart from the pack because of the author's unique perspective and his objective and scholarly approach to his subject.

Series Information:
Routledge Research in Gender and Society