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.

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.

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.

English Legal System in Context takes a unique and highly praised analytical approach to the subject of the English Legal System. Frequent examples are incorporated throughout the text, illustrating the link between theory and practice, while the concise and engaging style enables students to have an excellent understanding of the subject as a whole. A wide range of traditional core areas are covered in the text, such as the courts, case law, legal professionals and civil and criminal proceedings. However, the authors also discuss areas such as the role of private policing and the work of non-police agencies, giving students a balanced overview of the subject area. Additionally, the text provides a wealth of references for students who want to gain a deeper understanding of the legal system. With a clear and logical structure, this perceptive and wide ranging text provides a unique introduction to the English Legal System.

Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved. This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutiny of the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education. This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform.

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.

Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

An invaluable resource for trainee and newly qualified solicitors in Ireland, Civil Litigation provides a comprehensive understanding of the practice and procedure in the most commonly encountered aspects of civil litigation. The manual sets out the steps to be taken by a solicitor in civil proceedings in the District Court, the Circuit Court and the Superior Courts, from initiating or defending an action to obtaining an order and enforcing it, to preparing the bill of costs.
The text focuses on key practice areas, with chapters on the practice and procedure of each of the courts; damages; the limitation of actions; concurrent wrongdoers; appeals; civil evidence; discovery; injunctions; judicial review; personal injury litigation; summary procedure and enforcement of judgments; litigation costs and client care and file management.
Fully updated with new legislation and case law, this third edition is essential reading for all trainee solicitors on the Professional Practice Course, and will also be a useful reference for students, academics, and practitioners in the field.

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.

- 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.

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

Goldfarb argues persuasively for cameras in the courtroom, O.J. notwithstanding. He is aware of the problems but believes strongly that the more open a courtroom, the more open and free our society. The challenge, which he describes so well, is to balance the new demanding technology against our traditional dedication to democracy.
"-- Marvin Kalb, Director, Shorenstein Center on the Press, Politics, and Public Policy, Harvard University."

A tour de force, a one-stop repositiory of the history, facts, and the law of the matter. I plan to plagiarize from it shamelessly. This is an important subject, and Goldfarb's book provides the first comprehensive, in-depth study of the issue.
"-- Fred Graham, Chief Anchor and Managing Editor, Court TV"

Going beyond the ovious controversies of recent years, Goldfarb surveys the role of television in courtrooms with cool but crisp detachement. He brings historical context, legal analysis, and rich experience to bear on the issue, concluding that courts are public institutions that do not belong exclusively to the judges and lawyers who run them. His persuasive argument for greater openness is bound to influence future debate on the topic.
"-- Sanford J. Ungar, Dean, School of Communication, American University"

In the last quarter century, televised court proceedings have gonefrom an outlandish idea to a seemingly inevitable reality. Yet, debate continues to rage over the dangers and benefits to the justice system of cameras in the courtroom. Critics contend television transforms the temple of justice into crass theatre. Supporters maintain that silent cameras portray "the real thing," that without them judicial reality isinevitably filtered through the mind and pens of a finite pool of reporters.

Television in a courtroom is clearly a two-edged sword, both invasive and informative. Bringing a trial to the widest possible audience creates pressures and temptations for all participants. While it reduces speculations and fears about what transpired, television sometimes forces the general public, which possesses information the jury may not have, into a conflicting assessment of specific cases and the justice system in general.

TV or Not TV argues convincingly that society gains much more than it loses when trials are open to public scrutiny and discussion.

The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused as to his role, is it possible to zealously advance the best interests of his client? While the role of the defense has been explored through the culture of their law firms, the individualized role of the defense lawyer in the context of criminal procedure and their contribution to adversarial justice is something that has not been exposed to scrutiny. This book explores how lawyers view their own individual role in the context of the changed obligations introduced by the CPIA 1996 and the CrimPR, looking at the defense lawyer as part of a system, rather than as part of a relationship. Through a theoretical lens, Ed Johnston provides a wider perspective on the changing nature of criminal justice and the place of a key actor within it to draw conclusions regarding the role of the defense lawyer in the modern era.

A MURDER HE CAN'T FORGET. A CASE ONLY SHE CAN SOLVE. 'OUTSTANDING' IAN RANKIN Amazon Best 100 Books of The Year Barnes & Noble Best Books of The Year Top Ten Best Thrillers of the Year - Washington Post * * * * * Daisy Clayton's killer was never caught. In over ten years, there has been no breakthrough in her murder case. Detective Renee Ballard has faced everything the LAPD's notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she'd never met Harry Bosch - an ex-homicide detective consumed by this case. Soon, she too will become obsessed by the murder of Daisy Clayton. Because Ballard and Bosch both know: every murder tells a story. And Daisy's case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth to light... * * * * * CRIME DOESN'T GET BETTER THAN CONNELLY. 'One of the world's greatest crime writers' Daily Mail 'Crime thriller writing of the highest order' Guardian 'A terrific writer with pace, style and humanity to spare' The Times 'America's greatest living crime writer' Daily Express 'The pre-eminent detective novelist of his generation' Ian Rankin 'A master' Stephen King 'A genius' Independent on Sunday 'A superb natural storyteller' Lee Child 'One of the great storytellers of crime fiction' Sunday Telegraph 'Justly regarded as one of the world's finest crime writers' Mail On Sunday 'No one writes a better modern thriller than Connelly' Evening Standard

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies.
Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense.
Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment.
Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment.
Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

The proper protection of minority shareholders is a cornerstone of any well-developed corporate law system. Pivotal to the minority shareholder's armoury is the derivative action. Section 165 of the South African Companies Act 71 of 2008 introduces the new statutory derivative action, and entrusts the court with a key function as the gatekeeper to the derivative action. The courts have an important filtering function and may disallow applications for derivative actions that are frivolous, vexatious or without merit. The vital judicial discretion to grant or refuse leave to an applicant to bring a derivative action is the crux of the new statutory derivative action. The court is required to exercise its discretion with reference to three important but vague guiding criteria for the grant of leave to institute a derivative action. Thus the courts have been entrusted by the legislature to flesh out the details, the contours, and the practical application of these guiding criteria. This crucially endows the courts with a dominant and decisive role in shaping the effectiveness of this much-needed new remedy. The New Derivative Action under the Companies Act is primarily aimed at developing guidelines for the exercise of the judicial discretion in the field of the new statutory derivative action. It takes into account valuable principles gleaned from other comparable jurisdictions such as Canada, Australia, New Zealand, the United Kingdom and the United States of America. The book also discusses the overlap between the derivative action and the oppression remedy.

Utilizing Foucault's genealogical method, this book traces the history and development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute, and punish offenders significantly informed the development of the modern criminal law and justice system. Leading to the repositioning of the victim into the twenty-first century, this book advocates the victim as an agent of change, presenting a new perspective for the relevance of the victim in today's justice system.

The tradition of the public inquiry has become a pivotal part of public life, and a major instrument of accountability in the United Kingdom. There have been over 30 significant public inquiries in the decade (including the BSE, Shipman, Hutton, Bloody Sunday and Billy Wright Inquiries). This book is written and edited by practitioners who have appeared in a large number of these significant inquiries. This new work is the first of its kind, and will function as a handbook for practitioners. The work examines and explains both statutory (in particular the Inquiries Act 2005 and the Inquiry Rules 2006) and non-statutory inquiries in chapters relating to the need for and purpose of the public inquiry, the mechanisms for establishing a public inquiry, terms of reference, the subject matter of inquiries, the relationship of inquiries to other legal proceedings, the constitution of an inquiry, the administration of an inquiry, evidence and procedure, public access to an inquiry, immunities and defamation, representation and funding, inquiry reports and the duty to be fair, ending the inquiry and challenging an inquiry. This book is fully indexed and cross-referenced, including extensive referencing to the position in other jurisdictions. With a Foreword written by Lord Brown.

The House of Lords served as the highest court in the UK for over 130 years. In 2009 the new UK Supreme Court took over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law. The book offers an invaluable overview of the Judicial House of Lords and a major historical record for the UK legal system now that it has passed into the next chapter in its history.

This book examines how alcohol intoxication impacts upon the memory of rape victims and provides recommendations for how best to investigate and prosecute such rape complaints. An estimated 75% of victims are under the influence of alcohol during a sexual assault and yet there is surprisingly little guidance on conducting interviews with complainants who were alcohol-intoxicated during the attack. This book will provide a distinctive, rigorous and important contribution to knowledge by reviewing the evidence base on the effects of alcohol on memory performance. The book brings together a range of academics from various disciplines, including psychology, law and criminology, and it discusses the implications for practice based on consultation with various criminal justice practitioners, including police officers, barristers who defend and prosecute rape cases and policy makers.

Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.

The nomination and confirmation of Supreme Court justices has, in recent years, become a battleground like no other. Bruising Senate confirmation hearings for failed nominee Robert Bork and successful nominee Clarence Thomas left the reputation of all branches of government in disarray and the participants-and the nation-exhausted. The Senate's Constitutional prerogative to provide advice and consent to the President's nominations to the highest court in the land has given rise to political grandstanding and ideological battles. Less well known is how other players-interest groups, the news media, and, through their involvement, the general public-also affect the conduct and outcome of the Supreme Court nomination process. Electing Justice reveals how from the late 1960s on, the role of these other players grew in intensity to the point that the nomination process would be unrecognizable to its original devisers, the Framers of the Constitution. Over the past quarter century, live television coverage of Senate hearings, "murder boards" in preparation for those hearings, a flood of press releases, television and radio advertisements, and public opinion polls all characterize nominations. Unlike earlier, more elite-governed processes, the involvement of outside groups has become highly public and their effect on the outcome of some nominations is now widely accepted. How should we respond to this informal democratization of the selection process? The genie, Davis contends, cannot be put back into the bottle and we cannot return to a non-political, elite-driven ideal. Davis concludes with several controversial recommendations that preserve the public role while avoiding the excesses of past controversial nominations. By embracing the public's new role in the examination of nominees we can ensure a democratic process and secure an independent and accountable judicial branch.