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.

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.

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

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.

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 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.

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.

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

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.

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.

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.

USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings.
This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that "produce" those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases.
Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.

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.

It is a truism that the administration of criminal justice consists of a series of discretionary decisions by police, prosecutors, judges, and other officials. Analyzing the origins, nature, and impact of various efforts to control discretion, Taming the System is the first comprehensive history of the reform attempts in the past forty years. Of enormous value to scholars, reformers, and criminal justice professionals, Walker's book approaches the discretion problem through a detailed examination of four decision points: policing, bail setting, plea bargaining, and sentencing. In a field which largely produces short-ranged "evaluation research", this study, in taking a wider historical approach, distinguishes between the roles of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history. Serving as an "interim report" on what does and does not work in the system, Taming the System concludes that not only has the effort to control discretion been a unifying theme in criminal justice history, but that there have actually been some successes, resulting in reducing disparities in race and social class.

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.

This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the Indian Journal of International Law and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

This book is a study of the social transformation of criminal justice, its institutions, its method of case disposition and the source of its legitimacy. Focused upon the apprehension, investigation and adjudication of indicted cases in New York City's main trial tribunal in the nineteenth century - the Court of General Sessions - it traces the historical underpinnings of a lawyering culture which, in the first half of the nineteenth century, celebrated trial by jury as the fairest and most reliable method of case disposition and then at the middle of the century dramatically gave birth to plea bargaining, which thereafter became the dominant method of case disposition in the United States. The book demonstrates that the nature of criminal prosecutions in everyday indicted cases was transformed, from disputes between private parties resolved through a public determination of the facts and law to a private determination of the issues between the state and the individual, marked by greater police involvement in the processing of defendants and public prosecutorial discretion. As this occurred, the structural purpose of criminal courts changed - from individual to aggregate justice - as did the method and manner of their dispositions - from trials to guilty pleas. Contemporaneously, a new criminology emerged, with its origins in European jurisprudence, which was to transform the way in which crime was viewed as a social and political problem. The book, therefore, sheds light on the relationship of the method of case disposition to the means of securing social control of an underclass, in the context of the legitimation of a new social order in which the local state sought to define groups of people as well as actual offending in criminogenic terms. "At a moment when France is poised to adopt plea bargaining, McConville and Mirsky offer the best historical account of its emergence in mid-nineteenth century America, based upon exhaustive analysis of archival data. Their interpretation of the reasons for the dramatic shift from jury trials to negotiated justice offers no comfort for contemporary apologists of plea bargaining as more "professional." The combination of new data and critical reflection on accepted theories make this essential reading for anyone interested in criminal justice policy." Rick Abel, Connell Professor of Law, UCLA Law School "A fascinating account which traces the origins of plea-bargaining in the politicisation of criminal justice, linking developments in day-to-day practices of the criminal process with macro-changes in political economy, notably the structures of local governance. This is a classic socio-legal study and should be read by anyone interested in criminology, criminal justice, modern history or social theory". Nicola Lacey, Professor of Criminal Law and Legal Theory, London School of Economics.

An analysis of the constitutional aspects of a century-long struggle for civil rights.

In Equality and Liberty in the Golden Age of State Constitutional Law, Jeffrey Shaman closely examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of New Judicial Federalism has allowed many states to rediscover their own empowerment in enacting their own constitutions. As the New Judicial Federalism gained ground, it was found to be that state constitutional law is an extremely important source for the protection of individual rights and liberties. These state constitutions can be interpreted however the state sees fit, and act independently of federal constitutional law. Shaman explains that this rise has caused these states to recognize individual civil rights or liberties beyond those recognized under the Federal Constitution. Professor Shaman emphasizes how important state constitutional law is in the protection of the rights of the individual. Since these states are acting under their own constitutional law and guidance, their constitutions provide an extension of the individual's rights to privacy, civil rights, and liberties. State courts and constitutions have also pioneered a trend in recognizing and expanding abortion rights and some have granted rights to same-sex civil unions, and in some states, same-sex marriages. This trend eventually caught the attention of the U.S. Supreme Court to finally follow suit. This book will prove to be an intriguing read for lawyers, judges and scholars alike who are interested in the protection of their individual state rights as well as their federal rights.

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