This book is a companion volume to The Unpublished Opinions of the Warren Court which Oxford published in 1985. Like the Warren volume, this fascinating sequel contains draft opinions prepared by the Justices in the cases under discussion. Each opinion is prefaced by a short history of the case and followed by an analysis of what took place after the drafts were sent to all the Justices.

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

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

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

- Clear and concise explanation of key principles, this is an ideal text for anyone taking the SQE1. - Includes practice questions in the text, and multiple choice questions online - together, the book will allow SQE candidates to practice the skills needed to pass the SQE exam. - One of a wider series of SQE1 textbooks.

In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

With expert evidence used more and more often in criminal jury cases, evaluation of its admissibility and presentation is being increasingly thrust into the spotlight. However, jury room secrecy has long prevented a rigorous analysis of its complexities. Expert Evidence and Criminal Jury Trials draws on an unprecedented study carried out in Commonwealth jurisdictions which have recently granted access to jurors, offering a unique exploration of the presentation and comprehension of expert evidence in criminal jury trials and a critical perspective on parallel UK processes. The authors combine empirical research conducted in the courtroom with expert academic analysis, examining, analysing, and comparing the views of not only real jurors, but also courtroom lawyers, judges, and experts across over 50 trials to gauge how complex and sometimes conflicting expert evidence is perceived and understood by all parties. Examples of modern technologies used in expert evidence, including DNA analysis and facial and body-mapping, are considered, and discussion of the challenges they pose covers not only issues of procedure and approach, but also perceptual issues and those of cognitive evaluation. This innovative study aims to facilitate a broader understanding of the use of expert evidence, what problems exist with it, and how such problems influence the communication of information to jurors. While the survey that informs the book relates to criminal trials in three Australian jurisdictions, the legal and psychological issues explored transcend national boundaries, allowing this book to fill a gap in the market for a practical discussion of expert evidence and its use that will be relevant to practitioners in any jurisdiction which utilises an adversarial trial system or juries in criminal trials.

According to Thaler, the presence of cameras in the courtroom is a pervasive technology that can affect public perceptions of the judicial process, change the behavior and attitudes of trial participants, and ultimately transform the sober process of justice into a media event designed for maximum public exposure. The author has interviewed more than 50 people--prominent journalists, academics, and members of the legal system--and brought together their observations in a fascinating historical and psychological profile of the televised courtroom. Thaler provides a historical overview and theoretical perspective, and discusses the new cable courtroom network and the current and continuing camera debate in New York City. He makes reference to the recent celebrated cases involving Amy Fisher, William Kennedy Smith, and Rodney King, then turns to an in-depth case study of the Joel Steinberg murder trial, including insights from the presiding judge, trial attorneys, witnesses, jurors, and the defendant himself, as well as journalists who covered the trial. The author concludes that the process of justice is slowly being turned into an entertainment vehicle, not unlike the show trials of bygone eras.

In its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world. It has played a central role in the establishment of liberalism, democracy, and the rule of law in post-war West Germany, and it has been a model for constitutional tribunals in many other nations. The Court stands virtually unchallenged as the most trusted institution of the German state. Written as a complete history of the German Federal Constitutional Court from its founding in 1951 up into the twenty-first century, this book explores how the court became so powerful, and why so few can resist its strength. Founded in 1951, the Court took root in a pre-democratic political culture. The Court's earliest contributions were to help establish liberal values and fundamental rights protection in the young Federal Republic. The early Court also helped democratize West German politics by reinforcing rights of speech and information, affirming the legitimacy of parliamentary opposition, and checking executive power. In time, as democratic values took hold in the country at large, the Court's early role in nurturing liberalism and democracy led many West Germans to view the Court not as a constraint on democracy, but as a bulwark of democracy's preconditions. In later decades, the Court played a stabilizing role - mediating political conflicts and integrating societal forces. Citizens disenchanted with partisan politics looked to the Court as a guardian of enduring values and a source of moral legitimacy. Through a comprehensive narrative of the Court's remarkable rise and careful analysis of its periodic crises, the work carefully dissects the success of the Court, presenting not only a traditional work of legal history, but a public history - both political and societal - as well as a doctrinal and jurisprudential account. Structured around the Court's major decisions from 1951 to 2001, the book examines popular and political reactions to those decisions, drawing heavily on newspaper accounts of major judgments and material from the archives of individual politicians and judges. The result is an impressive case study of the global phenomenon of constitutional justice.

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.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

As frequent swing vote and centrist voice, Justice Sandra Day O'Connor helped shape many of the Supreme Court's landmark decisions and opinions under the leadership of William Rehnquist. Indeed, many argue that her overall impact and influence was greater than that of the Chief Justice himself.

Nancy Maveety now takes a closer look at what might justifiably be known as the O'Connor Court, in which the voices of individual justices came to the fore. She describes how policy leadership was subdivided among these eminent jurists in a way that fostered an individualist conception of judicial power. And she explains how this distribution of power contributed to a proliferation of concurring opinions--and, in polarizing issues like "Planned Parenthood v. Casey" or the Michigan affirmative action cases, decisions that sidestepped precedent-setting principles.

Maveety's book is the first to look beyond the conventional wisdom that O'Connor's centrism gave her de facto control over a court notorious for its disunity, providing instead a more precise and systematic analysis of her influence. Maveety seeks not only to assign a definitive meaning to "the Rehnquist Court" but also to identify its historical importance for the constitutional order and the conception of judicial power within it--situating O'Connor squarely at its center.

Maveety describes the attributes that distinguish this Court from its predecessors and suggests how O'Connor's five years on the Burger Court foreshadowed her emergence as an accommodationist. Then, as the Court became more polarized under Rehnquist, there evolved the individualized behavior and rule-of-thumb jurisprudence that came to characterize O'Connor's decision making. What resulted were carefully circumscribed decisions like "Bush v. Gore" or "Hamdi v. Rumsfeld" that provide fewer precedents for lower courts.

Queen's Court ultimately reveals that the importance of the Rehnquist years extends from the substance of constitutional law to the institutional operation of Court decision-making--and that O'Connor was vital to those changes.

In The Trial of Hissein Habre: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habre, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habre in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habre's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.

1. While previous books have offered social work perspectives or research on the victims of such crimes, this is the first to offer a criminological typology of the offenders. 2. This book connects academic research to practice, considering the implications for law enforcement, investigation and prevention.

The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized.
The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.

This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts, but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals.' Their main function is to adjudicate disputes between citizens and the State by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This, the first wide-ranging, book-length treatment of the subject for many years, compares tribunals in three major jurisdictions: the US, the UK, and Australia. The book analyzes and offers an account of the concept of 'administrative adjudication, ' and traces its historical development from the earliest periods of the common law to the 21st century. There are chapters dealing with the design of tribunals and tribunal systems, what tribunals do, and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability

This essential volume incorporates major contributions made by prominent scholars in the past forty years, which illustrate the understanding of the economics of remedies. The editor has selected seminal articles that analyze the well known distinction between property rules and liability rules and demonstrates its significance. The articles also demonstrate the dilemma of which remedy is the more efficient - damages or specific performance. In addition the collection addresses questions concerning the measure of recovery and the scope of liability, and concludes with the novel topic of partial compensation under uncertainty. This set of indispensable articles, along with an original introduction by the editor, will be of great value to law professors, law students, judges and practicing lawyers interested in law and economics, and economists.

This book is a 'must read' for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.' - Jan M. Hebly, Houthoff Buruma, the Netherlands'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.' - Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The so-called 'private enforcement' of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.' - Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands Private Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States. Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension. The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States. Key features of the book include: - Expert authorship from a Member of the Legal Service of the European Commission - Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts - Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields - Extensive discussion of the scope for the EU to act vis-a-vis the autonomy of the Member State - One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104) - Exposition of key case law relating to private enforcement and the remedies available to private parties.

- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.

China after Mao has undergone vast transformations, including massive rural-to-urban migration, rising divorce rates, and the steady expansion of the country's legal system. Today, divorce may appear a private concern, when in fact it is a profoundly political matter-especially in a national context where marriage was and has continued to be a key vehicle for nation-state building. Marriage Unbound focuses on the politics of divorce cases in contemporary China, following a group of women seeking judicial remedies for conjugal grievances and disputes. Drawing on extensive archival and ethnographic data, paired with unprecedented access to rural Chinese courtrooms, Ke Li presents not only a stirring portrayal of how these women navigate divorce litigation, but also a uniquely in-depth account of the modern Chinese legal system. With sensitive and fluid prose, Li reveals the struggles between the powerful and the powerless at the front lines of dispute management; the complex interplay between culture and the state; and insidious statecraft that far too often sacrifices women's rights and interests. Ultimately, this book shows how women's legal mobilization and rights contention can forge new ground for our understanding of law, politics, and inequality in an authoritarian regime.