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.

There is a broad consensus that 1937 marked a turning point in the history of the Supreme Court. This is the first comprehensive treatment of the Court's decision-making in the civil liberties/civil rights sphere in the years preceding that watershed. Professor Braeman refutes the widely held assumption that the post-1937 justices were writing upon a largely blank slate in dealing with civil liberties/civil rights issues, arguing instead that much of what the Modern Court has done, when viewed in a long-term perspective, appears as incremental expansions of precedents laid down by the Old Court.

The Ouija board jury incident of 1994 is one of the most disconcerting in English legal history, possibly (says the author) 'the nadir of reported juror misbehaviour in the 20th-century'. But, as Professor Jeremy Gans shows, in an era of soundbites it has been distorted by the media whilst even eminent lawyers have sometimes got the story wrong. In this first full-length treatment he emphasises the known facts, the constitutional dilemma of investigating even bizarre jury misbehaviour and how the trial involved one of the most serious murder cases of the decade in which two people were shot in cold blood. Stephen Young's conviction after a re-trial is still claimed to be a miscarriage of justice by some people, as to which Gans puts forward his own ingenious solution. But quite apart from analysing the facts of R v Young, this book is a tour de force on jury misbehaviour in which the author also examines the implications for example of winks and nods, research by jurors, speaking or listening out of turn, going to sleep during the hearing or falling in love with one of the advocates. Amusing at first sight, such events involve deep questions of law, practice and democratic involvement in the Criminal Justice process. Far from being a mere anecdote, the case of the Ouija board jurors, the misconceptions about it and the issues it leads to deserve close study by anyone who is even remotely interested in jury trial. The first full length treatment of an iconic case. Dispels the myths that have built-up around it. Looks at other instances of jury misbehaviour. Shows how the courts and Parliament have wrestled with problems of this kind. A first-rate analysis of a baffling double murder.

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.

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.

So you've arrived at university, you've read the course handbook and you're ready to learn the law. But is knowing the law enough to get you the very best marks? And what do your lecturers mean when they say you need to develop critical and analytical skills? When is it right to put your own views forward? What are examiners looking for when they give feedback to say that your work is too descriptive? This book explores what it means to think critically and offers practical tips and advice for students to develop the process, skill and ability of thinking critically while studying law. The book investigates the big questions such as: What is law? and What is 'thinking critically'? How can I use critical thinking to get better grades in assessments? What is the role of critical thinking in the work place? These questions and more are explored in Thinking Critically About Law. Whether you have limited prior experience of critical thinking or are looking to improve your performance in assessments, this book is the ideal tool to help you enhance your capacity to question, challenge, reflect and problematize what you learn about the law throughout your studies and beyond.

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.

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

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.

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.

This book outlines the foundations for understanding modern policing. It is an essential introduction for all policing students and trainee police officers to the underpinning aspects of the profession, providing a clear understanding of how the police service is currently organised and how it fits into the wider criminal justice system. Students are encouraged to think critically and reflect upon core concepts such as policing by consent, police accountability, governance and professional standards, and it examines the challenges of policing an increasingly global, technical and diverse world. The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study.

Although European scholars have called U.S. punitive damages an "(undesired) peculiarity of American law " and the "Trojan horse of the Americanisation of continental law", the European Union cannot close its eyes to this important feature of U.S. law. Despite being under constant scrutiny, punitive damages have a strong foothold on the other side of the ocean. Moreover, due to increased globalisation, transnational litigation is arguably on the rise. In cross-border law suits, it is inevitable that a jurisdiction will encounter legal institutions that are alien to the substantive law of the forumThis book examines the private international law treatment of American punitive damages in the European Union. It poses the crucial question whether U.S. punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law. More specifically, three areas of private international law are analysed: service of process, applicable law and enforcement of judgments.In addition to describing the current positions in case law and scholarship, the book takes a normative perspective and attempts to formulate concrete guiding principles that can be used when the European legal order faces U.S. punitive damages. It, therefore, provides an invaluable resource for practitioners, judges and authorities confronted with this controversial remedy. Furthermore, as a nation's private international law attitude indicates the country's level of tolerance towards a foreign concept unknown in its own legal system, the book can form an essential building block for discussions amongst legislators surrounding the introduction of the remedy of punitive damages in substantive law.

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

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.

Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It considers the legal trial as its paradigmatic case study before analysing a wide range of different cases, including profiling, the use of algorithms to predict students' grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising. They must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have done our best on evidence that allows success, our judgements are justified; and as such, they can resolve conflicts over the truth and over justice.

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.

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.

In addition to citing case law, Judges have traditionally used recognized legal maxims or treatise citations to support their rulings. But today's judiciary is becoming more apt to use pop culture, modern music, as well as humor in their decisions. This book gives examples of how songs and their lyrics have influenced judges, provided themes for their decisions, and helped make existing law more accessible to lay persons. Mark W. Klingensmith examines the clever ways judges have used them to enhance their judicial writings and how modern day musical lyrics that have effectively become recognized legal maxims by the courts. judicial writings.

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 only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 18th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2021 Supreme Court session, this book remains and indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation's laws and Constitution.

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.

This book maps the changes in court advocacy in England and Wales over the last three centuries. Advocacy, the means by which a barrister puts their client's case to the court and jury, has grown piecemeal and at an uneven pace; the result of a complex interplay of many influences. Andrew Watson examines the numerous principal factors, from the effect on juniors of successful styles deployed by senior advocates, changes in court procedure, reforms in laws determining who and what may be put before courts, the amount of media reporting of court cases, and public and press opinion about the acceptable limits of advocates' tactics and oratory. This book also explores the extent to which juries are used in trials and the social origins of those serving on them. It goes on to examine the formal teaching of advocacy which was only introduced comparatively recently, arguing that this, and new technology, will likely exert a strong influence on future forensic oratory. Speaking in Court provides a readable history of advocacy and the many factors that have shaped it, and takes a far wider view of the history of advocacy than many titles, analysing the 20th Century developments which are often overlooked. This book will be of interest to general readers, law practitioners interested in how advocacy has developed in courts of yesteryear, teachers of advocacy who want to locate there subject in history and impart this to their students, and to law students curious about the origins of what they are learning.