Records from London's Guildhall reveal the workings of the law in the eighteenth century. For centuries, the City of London's Lord Mayor and Aldermen have headed various courts and tribunals as part of their official obligations. In the City's Guildhall, Londoners from all walks of life could appear before an aldermansitting as a magistrate in the "justice room" and initiate a criminal complaint when they were the victims of crime. But what actually happened in those initial hearings between the accuser, the accused and the magistrate has remained largely obscured to history. These records shed light on the earliest phases of a criminal prosecution and reveal the routines of criminal justice administration in the eighteenth-century metropolis. From the fragmentaryminutes of the proceedings conducted before London's aldermen, who sat for a part of every working day as Justices of the Peace, we learn of the petty squabbles of the City's poor with parish officials, the ready resort to physical violence in public and private spheres, the steady campaign against prostitution, and the growing professionalism of the parish constables who policed London before the arrival of the Metropolitan Police.The records will be ofinterest to historians of London, social historians of crime, genealogists and scholars interested in summary or pre-trial procedures in early modern England; they are presented here with introduction and explanatory notes. Greg T. Smith is Associate Professor of History at the University of Manitoba.

The book is written by an author with a lot of teaching experience, at a university which is proactively developing SQE focussed courses. He has already amassed a huge number of practice MCQs. Part of the SQE1 series, which offers problem questions, revision points, MCQs and also, for Business Law and Practice, commercial awareness talking points. The series is designed around the needs of students preparing for SQE1, and each book follows a similar format. There is an online hub of support material for each book. Offers a combination of print and online material that differs from the few other offerings currently on the market.

Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "let mercy be the character of the law-giver, but let the judge be a mere machine."

The simple reason for creating this book was my impression that the law is having an increasing impact on the practice of medicine. There is hardly a physician I know who has not been deeply troubled by legal problems professionally, economically, and most important of all, psychologically. The past decade has seen medical practice premiums steadily rising. Multimillion dollar verdicts have not been unusual. Having disregarded these vital issues for many years, physicians have suddenly become very aware of litigation-related problems. Having been interested for a long time in the logic ofthe law and the romance of legal research, I thought it would be useful to create a book that would result in the blending of great minds in law and medicine. It has been my long standing observation and belief that the approach of professors of medicine, and that of learned members of the bar and bench, when put together, produce unique results. Putting these views together has been the real challenge in editing this book."

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.

"On the Supreme Court" places the Supreme Court in a rich historical and political context, demonstrating how its interpretations of statutes and the Constitution are necessarily shared with the elected branches, the 50 states, and the general public. It explains why the Court exercises judicial review, not judicial supremacy. It demonstrates that, contrary to popular opinion, the Court does not supply the final or exclusive word on the Constitution. In an era of tectonic changes, "On the Supreme Court" offers a fresh perspective on this mainstay institution from a scholar with unique insights as a Constitutional specialist as well as a Congressional researcher.Key features of the text: "

The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that America's criminal justice system isn't foolproof. It's important to understand the causes of wrongful conviction in order to find solutions to this growing problem.Edited by one of the nation's leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions.This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, "American Justice in the Age of Innocence" educates the public and helps current prisoners who are innocent contest their wrongful convictions.

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"Lee's book is a compelling and well-informed analysis of the issues raised when courts confront questions of reasonableness in high-profile, headline-grabbing cases."
-- "Choice"

"Lee challenges readers to question the concept of 'reasonableness' and how it has been applied. . . Scholars, students, professionals and the educated public will appreciate the careful, well-documented argument and pertinent examples."
--"Library Journal"

"Ms. Lee offers an extended argument for reforming the provocation doctrine by requiring judges and jurors to reflect more carefully about the reasonableness of the defendant's behavior."
--"The Chronicle of Higher Education"

aEven readers who do not view Leeas recommendations through a theoretical lens will be drawn to Leeas suggestions as practical solutions to the complicated social norms problem she has identified."
--"Michigan Law Review"

"Provocative and persuasive. In this well-written and meticulously documented book, Cynthia Lee demonstrates how the law has defined 'reasonableness' in criminal law to favor men against women, straight men against gay men, and whites against blacks. Lee's synthesis of many seemingly different examples, with thoughtful responses to the various objections that might be raised, is legal scholarship that can make a difference in our social practices. This is a serious and compelling book that should lead to reform."
--Frank H. Wu, author of "Yellow: Race in America beyond Black and White"

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a "bad" neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found "not guilty"; the first two use the defense of provocation, while the third argues he used his gun in self-defense.

Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses--the doctrines of provocation and self-defense--enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color.

Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

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.

* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: ensuring there is a fair hearing; standards and conduct for decision-makers; successful communication; taking into account the needs of vulnerable participants and litigants in person; case management; assessing evidence; and reaching and delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence.

Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.

Throughout her entire career, Judge Polier continually fought for the rights and needs of the poor. In this volume she describes the granting and denial of justice toward the poor -- particluarly poor children -- she observed during her tenure as a Family Court Judge in New York City. The book discusses the current state of the justice system and the outlook for the future. This volume helps readers understand how broadly shared the responsibility for the neglect of today's youth is and how society must reshape its attitudes and realign its priorities to help the thousands of children who are dependent upon the public for care and support.
The book identifies how the courts have been weakened by their loss of direct contact with delinquent and neglected children and the "need for humanity and respect in dealing with difficult human problems." (from the introduction).
From her personal experiences and observations, Judge Polier describes the granting and denial of justice she observed while she consistently emphasizes the need for direct contact with delinquent and neglected children. For students, professional, and researchers in sociology, criminal justice, and any social science discipline dealing with children and children's problems, Polier's book provides a behind-the-scenes look at one of the major problems facing society today.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Thousands of lawsuits continue to be filed in federal and state courts each year to seek recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into federal multidistrict litigation, multi-plaintiff cases, and class actions. As drug and device litigation remains as active as ever, companies that develop new drugs and devices continue to face significant and often costly product liability litigation in the United States. This new and revised edition of Drug & Device Product Liability Litigation Strategy provides detailed background, discussion, and strategic guidance to those practicing in this field. The book offers lawyers a detailed analysis of the full range of issues involved in drug and device litigation, including pre-litigation counselling, document preservation and discovery, consolidation and mass joinder, multidistrict litigation, class action litigation, admissibility of expert testimony, dispositive and pre-trial motion practice, jury selection, and trial. This second edition not only contains thorough revisions to reflect recent changes in the legal landscape following key court decisions and statutory developments in areas such as preemption, admissibility of expert testimony, the learned intermediary doctrine, and innovator liability, but also contains new analyses of issues such as personal jurisdiction, pre-litigation counselling, and the amended Federal Rules of Civil Procedure. It is an indispensable guide to lawyers handling cases in this high-stake, high-profile, and rapidly evolving area.

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!

This authoritative new work sets out the key tenets of the principles and process of criminal law in Indonesia. Focusing on substantive criminal law, starting from its definition, history, principles, and interpretation, it goes on to explore a criminal offence and its elements, criminal fault and liability, causation, and other issues. The author is a leading scholar, experienced both in practice and teaching in the field. Comparative criminal lawyers will welcome this important new work.

Provocative Essays on Judicial Review. This book contains five historical essays, three of them on the concept of "judicial review," which is defined as the power and duty of a court to disregard ultra vires legislative acts. In "Marbury v. Madison and the Doctrine of Judicial Review," Corwin asks: "What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress?" "We, the People" examines the issues of secession and nullifi cation. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the United States Constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties. Edward S. Corwin 1878-1963] succeeded Woodrow Wilson as the McCormick Professor of Jurisprudence at Princeton University, and was the fi rst chairman of the Department of Politics. The author of numerous books on constitutional law, he is best known for The Constitution and What It Means Today (1920). He was the president of the American Political Science Association, winner of the American Philosophical Society's Franklin Medal and Phillips Prize and was among the notable scholars acknowledged at the Harvard Tercentenary. In 1952, Princeton's Woodrow Wilson Hall was renamed Edward S. Corwin Hall.

Judge Learned Hand is an icon of American Law. Though he was never nominated to our country's highest court, Hand is nevertheless more frequently quoted by legal scholars and in Supreme Court decisions than any other lower court judge in our history. He was the model for all judges who followed him, setting the standard for the bench with a matchless combination of legal brilliance and vast cultural sophistication.
Hand was also renowned as a superb writer. Now, in Reason and Imagination, Constance Jordan offers a unique sampling of the correspondence between Hand and a stellar array of intellectual and legal giants, including Justice Oliver Wendell Holmes, Theodore Roosevelt, Walter Lippmann, Felix Frankfurter, Bernard Berenson, and many other prominent political and philosophical thinkers. The letters--many of which have never been published before--cover almost half a century, often taking the form of brief essays on current events, usually seen through the prism of their historical moment. They reflect Hand's engagement with the issues of the day, ranging from the aftermath of World War I and the League of Nations, the effects of the Depression in the United States, the rise of fascism and the outbreak World War II, McCarthyism, and the Supreme Court's decisions on segregation, among many other topics. Equally important, the letters showcase decades of penetrating and original thought on the major themes of American jurisprudence, particularly key interpretations of the First, Fifth, and Fourteenth Amendments, and will thus be invaluable to those interested in legal issues.
Most of these letters have never before been published, making this collection a priceless window into the mind and life of one of the giants of American law.

This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative issues--civil justice reform, judicial salaries, habeas corpus reform, and judicial bureaucratization--the book illuminates the ways in which the judges' self-interested actions affect the courts and society. Judicial self-interest is not portrayed here as bad or even unexpected, but as a motivational factor of significance for government, law, and society that should be recognized and harnessed appropriately.

This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.

Bankruptcy law is a major part of the American legal landscape. More than a million individuals and thousands of businesses sought relief in the United States' ninety-three bankruptcy courts in 2014, more than twenty-seven thousand of them in the Eastern District of Michigan. Important business of great consequence takes place in the courts, yet they ordinarily draw little public attention. In Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan, Kevin Ball takes a closer look at the history and evolution of this court. Using a variety of sources from newspaper accounts and interviews to personal documentation from key people throughout the court's history, Ball explores not only the history of the court from its beginning in the late nineteenth century but also two major courthouse scandals and their significant and long-lasting effects on the court. The first, in 1919, resulted in the removal of a court referee for a series of small infractions. The second was far more serious and resulted in the resignation of a judge and criminal convictions of the court's chief clerk, one of his deputies, and one of Detroit's most prominent lawyers. The book culminates with a comprehensive account of the city of Detroit's own bankruptcy case that was filed in 2013. Drawing on the author's expertise as both a longtime bankruptcy attorney and a political scientist, the book examines this landmark case in its legal, social, historical, and political contexts. Anyone with an interest in bankruptcy, legal history, or the city of Detroit's bankruptcy case will be attracted to this thorough case study of this court.

Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth - its complexities and nuances - and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.