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.

Series Information:
Routledge Research in Gender and Society

This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

This book contains the James S. Carpentier Lectures delivered at Columbia University Law School in 1955. Subjects discussed include the development of pleading, the functions of judge and jury, judicial notice, and the history, theory, and application of the hearsay rule.

This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland's complicated relationship with, and Britain's impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate. Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. The findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them. This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.

Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book's detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.

A valuable new reference work for students of the Spanish Empire, this dictionary presents biographies of the 172 men who served on the Council of the Indies--the supreme judicial tribunal for Spain's colonial empire--from the time of Philip V's reforms in 1717 to the French invasion in 1808. Based on the extensive documentation contained in Spanish archives and on various secondary sources, it offers a wealth of historical detail on a period that is important both to Spanish history and to the development of the New World.

This is a story of hope in the face of widespread consternation over the global climate crisis. For many people concerned about global warming, the 2018 vote by UK parliamentarians to proceed with the plans for a third runway at Heathrow Airport was a devastating blow. Aviation was predicted to make up some 25% of the UK's carbon emissions by 2050 and so the decision seemed to fly in the face of the UK's commitment to be a climate leader. Can the UK expand Heathrow airport, bringing in 700 extra planes a day, and still stay within ambitious carbon budgets? One legal case sought to answer this question. Campaigning lawyers argued that plans for a third runway at one of the world's busiest airports would jeopardise the UK's ability to meet its commitments under the 2015 Paris Agreement on climate change. This book traces the dramatic story of how the case was prepared - and why international aviation has for so long avoided meaningful limits on its expansion. -- .

This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.

Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.

Written by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China. This Handbook will be an invaluable resource on this important topic for scholars of corporate law, practitioners, judges and legislators. Contributors include: D. Awrey, A. Badawi, R.A. Booth, E.A. Chiappinelli, S.J. Choi, B. Clarke, J.C. Coffee, Jr., J.D. Cox, J. Erikcson, J.J. Fedechko, J.E. Fisch, J.L. Gale, M. Gargantini, M. Gelter, S. Griffith, L.A. Hamermesh, S. Hannes, E. Kamar, C.R. Korsmo, J.T. Laster, A.M. Lipton, M. Myers, J.J. Park, A.C. Pritchard, P. Puri, A. Rickey, R. Ronnen, A.M. Rose, C. Silver, S.D. Solomon, R.S. Thomas, D. Webber, V. Winship, M. Wischmeier Shaner, C. Xi

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

The CCPA (California Consumer Privacy Act) is a data privacy law that took effect on January 1, 2020. It applied to businesses that collect California residents' personal information, and its privacy requirements are similar to those of the GDPR (General Data Protection Regulation). On May 4, 2020, Californians for Consumer Privacy (an advocacy group, founded by Alistair MacTaggart) announced that it had collected more than 900,000 signatures to qualify the CPRA (California Privacy Rights Act) for the November 2020 ballot. Also known as 'CCPA 2.0', the CPRA enhances privacy protections established by the CCPA and builds on consumer rights. CPRA effectively replaces the CCPA and bolsters privacy protections for California consumers. While many elements of the two laws are similar, there are some striking differences that could impact CPRA implementation plans, including: Limiting deletion rights that apply to unstructured data A new right to data minimization with retention requirements related to personal data New definitions and obligations related to cross-context behavioral advertising Amending breach liability to include an email address in combination with a password or security question Establishing a new regulatory enforcement body: the California Privacy Protection Agency Organizations that fail to comply with the CPRA's requirements are subject to civil penalties of up to $7,500 and a civil suit that gives every affected consumer the right to seek between $100 and $750 in damages per incident, or actual damages if higher. The law is complex and requires careful reading to understand the actual requirements for organizations - The California Privacy Rights Act - An implementation and compliance guide is here to help you. Ensure your business is CPRA compliant with essential guidanceThis book is your ideal resource for understanding the CPRA and how you can implement a strategy to ensure your organization complies with the legislation. It will give you a comprehensive understanding of the legislation by providing definitions of key terms, explanations of the security requirements, details of the breach notification procedure, and covering the penalties for noncompliance. The California Privacy Rights Act - An implementation and compliance guide is essential reading for anyone with business interests in the state of California. Not only does it serve as an introduction to the legislation, it also discusses the challenges a business may face when trying to achieve CPRA compliance. It gives you the confidence to begin your CPRA compliance journey, while highlighting the potential ongoing developments of the CPRA. Buy this book and start implementing your CPRA compliance strategy today!

A comprehensive review of the practical implications of the numerous recent cases on swaps and derivatives.

Against the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.

Includes chapters from barristers from a diverse range of social backgrounds. Features a foreword from a recently qualified circuit judge. An ideal companion for students beginning to apply for barrister pupillages.

In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world. The need to understand the CJEU has never been greater. This open access book is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, how judges' pet intellectual projects become the fodder for new ideas in the law.

Through a series of case studies, Professors McIntosh and Cates argue for the assessment of judicial activity from a fresh perspective. They focus on the appellate system and those judges who help to move the law-i.e., entrepreneurs. Appeals court judges are in a unique position in that they are presented with real opportunities to influence the shape and meaning of law.

Jurists have special interests, some areas of the law that particularly attract them. When questions arise in these fields, jurists are likely to seize the moment, allowing them to express their expertise and be creative. This is not only a natural course for highly motivated individuals, but also a mode of operation that is important to the development of our law. Through an examination of the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, the authors explore this concept of entrepreneurship, in which judges take on and promote their pet projects. Of great interest to scholars and researchers in political science and law, and those concerned with judicial process and behavior, and court policymaking.

An in-depth look at the consequences of New York City's dramatically expanded policing of low-level offenses Felony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison. In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment. Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, Issa Kohler-Hausmann argues that lower courts have largely abandoned the adjudicative model of criminal law administration in which questions of factual guilt and legal punishment drive case outcomes. Due to the sheer volume of arrests, lower courts have adopted a managerial model--and the implications are troubling. Kohler-Hausmann shows how significant volumes of people are marked, tested, and subjected to surveillance and control even though about half the cases result in some form of legal dismissal. She describes in harrowing detail how the reach of America's penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction. Revealing and innovative, Misdemeanorland shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment.

This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.