Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe's national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.

Communication in Forensic Contexts provides in-depth coverage of the complex area of communication in forensic situations. Drawing on expertise from forensic psychology, linguistics and law enforcement worldwide, the text bridges the gap between these fields in a definitive guide to best practice. * Offers best practice for understanding and improving communication in forensic contexts, including interviewing of victims, witnesses and suspects, discourse in courtrooms, and discourse via interpreters * Bridges the knowledge gaps between forensic psychology, forensic linguistics and law enforcement, with chapters written by teams bringing together expertise from each field * Published in collaboration with the International Investigative Interviewing Research Group, dedicated to furthering evidence-based practice and practice-based research amongst researchers and practitioners * International, cross-disciplinary team includes contributors from North America, Europe and Asia Pacific, and from psychology, linguistics and forensic practice

A comprehensive examination of the connection between mass incarceration and health In an age when over two million people are incarcerated in the United States alone, the wide-reaching impact of prisons in our society is impossible to deny, and the paradoxical relationship between prisons and health has never been more controversial. Prisons are charged at the same time with being punitive and therapeutic, with denying freedom and administering treatment, with confining and rehabilitating. And they are not living up to the charge. Prisons and Health in the Age of Mass Incarceration examines the connection between prisons and health. Based on a decade of empirical research, this book explores the consequences of incarceration on inmates themselves; on the families they leave behind; on the larger communities to which they return; and, ultimately, on entire health care systems at the state and national level. Jason Schnittker, Michael Massoglia, and Christopher Uggen demonstrate that the relationship between incarceration and health is sustained by a combination of social, cultural, and legal forces, and by a failure to recognize that prisons are now squarely in the business of providing care. With an eye to the history that led us to this point, the book investigates these connections and shows how prisons undermine health and well-being. An evenhanded and comprehensive analysis, this groundbreaking volume demonstrates that the prison system produces unintended and far-reaching consequences for the health of our nation and points the way for a fairer and more effective justice system.

Sexual violence, in all its forms, is a crime for which anecdotal accounts and scholarly reports suggest victims in their great majority do not receive adequate 'justice' or redress. The theory and practice of restorative justice is rapidly developing and offers some well-argued new avenues for dealings with crime in general. It has the potential to be extended to cases of sexual violence and a number of small scale programmes are already underway across the world. Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth in the particular context of sexual trauma and violence in order to establish the empirical realities of restorative justice approaches in cases of sexual violence, and considers how such approaches could be developed adequately in the future. This book is divided into two parts, each representing a key area of research and practice: theoretical and conceptual frameworks, and justice and therapeutic perspectives. This international collection brings together leading expert scholars and practitioners to offer both theoretical and practical perspectives on restorative justice and sexual violence. This book will be of interest to researchers in the field of law, criminology, psychology, social science, social work and psychotherapy, as well as practitioners in the fields of criminal justice, restorative justice and sex offender and victim trauma therapies.

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

Thoroughly revised and updated, this widely used text offers a concise introduction to the American legal system for students without a legal background. The book's coverage is cross-disciplinary, informed by the literature of law, business administration and the social sciences, especially public administration and policy. Its goal is to give non-lawyers in all these areas a lucid overview of the workings of the American legal system as it may affect individuals and organizations in their interactions with each other and the environment.Unlike longer, more expensive competing works, "The Dynamics of Law" presents its subject with clarity and precision, and minimal use of legal terms. It offers clear explanations of how to brief a case and how statutes and regulations are codified in the United States. Study problems and review questions in each chapter, drawn from legal literature as well as general interest articles and books, are designed to stimulate classroom discussion.

"The Handbook of Eyewitness Psychology "presents a survey of research and legal opinions from international experts on the rapidly expanding scientific literature addressing the accuracy and limitations of eyewitnesses as a source of evidence for the courts. For the first time, extensive reviews of factors influencing witnesses of all ages-children, adults, and the elderly-are compiled in a single pair of volumes. The disparate research currently being conducted in eyewitness memory in psychology, criminal justice, and legal studies is coherently presented in this work.
Controversial topics such as the use of hypnosis, false and recovered memories, the impact of stress, and the accuracy of psychologically impaired witnesses are expertly examined. Leading eyewitness researchers also discuss the subjects of conversational memory, alibi evidence, witness credibility, facial memory, earwitness testimony, lineup theory, and expert testimony. The impact of witness testimony in court is considered, and each volume concludes with a legal commentary chapter.
"The Handbook of Eyewitness Psychology "is an invaluable aid to researchers, legal scholars, and practicing lawyers who need access to the most recent research in the field, accompanied by the interpretations and commentary of many of the world's leading authorities on these topics.

This book discusses civil litigation at the supreme courts of nine jurisdictions - Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States - and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court's judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Clarifies the characteristics of shipping, reinsurance and construction chain contracts and how these contracts are structurally formed. The first book to focus on the legal question of the incorporation of arbitration clauses. Relevant to lawyers, practitioners and students dealing with arbitration in shipping, insurance and construction law within English or Singaporean jurisdictions.

During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatised "justice." Meanwhile, our legislators can't even follow their own rules for making rules, while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past seventy years, the legal system has dangerously confused quantity with quality and might with legitimacy. As the law bloats into chaos, it staggers on only by excusing itself from the very commands it insists that we obey, leaving Americans at the mercy of arbitrary power. By examining the system as a whole, Gibney shows that the tragedies often portrayed as isolated mistakes or the work of bad actors-police misconduct, prosecutorial overreach, and the outrages of imperial presidencies-are really the inevitable consequences of law's descent into lawlessness. The first book to deliver a lucid, comprehensive overview of the entire legal system, from the grandeur of Constitutional theory to the squalid workings of Congress, The Nonsense Factory provides a deeply researched and witty examination of America's state of legal absurdity, concluding with sensible options for reform.

This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.

Since it first appeared in 1960, The Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists. This year's volume features prominent scholars assessing major legal events, including: Mark Tushnet on President Trump's "Muslim Ban" Kate Andrias on Union Fees in the Public Sector Cass R. Sunstein on Chevron without Chevron Tracey Maclin on the Fourth Amendment and Unauthorized Drivers Frederick Schauer on Precedent Pamela Karlan on Gay Equality and Racial Equality Randall Kennedy on Palmer v. Thompson Lisa Marshall Manheim and Elizabeth G. Porter on Voter Suppression Melissa Murray on Masterpiece Cakeshop Vikram David Amar on Commandeering Laura K. Donohue on Carpenter, Precedent, and Originalism Evan Caminker on Carpenter and Stability

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

Mastering Trial Advocacy is the consummate resource guide for law students and practitioners who seek to take their advocacy skills to the next level. The new edition includes deeper levels of instruction and illustrative analogies across all fundamental advocacy skills. By trial lawyers and for trial lawyers, this book prepares attorneys for trial. This book excels in helping advocates push themselves to the next level by providing the core components necessary for competency, creativity, and maximum persuasive power.

The book describes the author's extensive experience of working as an expert witness in family courts. Although he acts as a psychiatrist trying to see what is in the child's best interests in often very complex situations, his core identity as a psychoanalyst is fundamental to his approach. The work entails looking at the inner worlds of children and parents, as well as whole family functioning, including aspects of the wider professional network as well as the court processes. The book gives clinical examples of how the author uses his approach.Being a psychoanalyst offers a particular clinical stance, where unconscious motives, impulses and emotions have to be faced. Tackling negative attitudes and behaviour, as well as promoting more positive aspects of functioning, based on a psychoanalytical approach, can help the more intractable families to change. A psychoanalytical approach can also help to inform decision-making in the courts. It can offer a space for calm thinking in an otherwise crisis-led field. But it means having to find a clear and communicable language for complex states of mind, a far from easy task, but one which may be worthwhile if psychoanalysis is to survive.The book provides detailed guidance for assessing families for the courts, as well giving many detailed clinical examples to illustrate points made. Topics covered include guidance for experts, assessment of families, contact issues, fostering, adoption and rehabilitation issues.

This collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to other domains such as policy formulation, regulatory standard setting and litigation. Several themes pervade the collection. These include the need to recognize that: expert knowledge and opinion is often complex, controversial and contested; there are no simple criteria for resolving disagreements between experts; appeals to 'objectivity' and 'impartiality' tend to be rhetorical rather than analytical; contests in expertise are frequently episodes in larger campaigns; there are many different models of expertise and knowledge; processes designed to deal with expert knowledge are unavoidably political; questions around who is an expert and what should count as expertise are not always self-evident; and the evidence rarely 'speaks for itself'.

This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

The 6th Edition of Civil Procedure: A Contemporary Approach is designed to provide a clear and actively engaging presentation of civil procedure in a manner that enables both students and professors to assess learning success throughout the course. The Sixth Edition fully incorporates all amendments to the Federal Rules of Civil Procedure through December 1, 2020, as well as a few case law developments since the 2018 publication date of the Fifth Edition. Particularly noteworthy new cases that are included in this edition are the Supreme Court's recent decisions pertaining to arbitration: Lamps Plus, Inc v. Varela, 139 S. Ct. 1407 (2019) (courts may not infer from an ambiguous agreement that parties have consented to class arbitration); New Prime, Inc. v. Oliveira, 139 S. Ct. 532 (2019) (applicability of FAA's overage exclusion to be determined by court not arbitrator); Henry Schein, Inc. v. Archer and White Sales, Inc., 139 S. Ct. 524 (2019) (courts may not determine arbitrability if that decision has been delegated to the arbitrator under the agreement); and Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) (FAA savings clause does not permit invocation of arbitration-specific defenses; NLRA does not provide basis for outlawing class action waivers in the labor dispute context). Developments in the class action area are included as well, including coverage of the 2018 amendments to Rule 23 as well as Supreme Court decisions in Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019) (Rule 23(f)'s 14-day deadline for appeal is not jurisdictional and is not subject to equitable tolling), and China Agritech v. Resh, 138 S. Ct. 1800 (2018) (no tolling of statute of limitations periods for putative class representatives who wait until the expiration of the limitations period to file class claims). Finally, this edition discusses recent developments with respect to personal jurisdiction jurisprudence, covering the emerging issue of personal jurisdiction over the claims of absent class members who lack any connection with the forum state, and the appropriate standard courts should use for determining whether a claim arises out of or relates to contacts with the forum state for purposes of specific jurisdiction. Both issues were before the Supreme Court at the time of publication of the Sixth Edition and will likely have been resolved by the time this edition is published. This edition, like the one that preceded it, integrates references to online assessment tools in the CasebookPlus (TM) platform. These consist of a bank of 300 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned. The bank of questions also serve as excellent preparation for the civil procedure component of the Multistate Bar Exam. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

This book argues that past inattentive treatment by state criminal justice agencies in relation to domestic abuse is now being self-consciously reversed by neoliberal governing agendas intent on denouncing crime and holding offenders to account. Criminal prosecutions are key to the UK government's strategy to end Violence Against Women and Girls. Crown Prosecution Service policy affirms that domestic abuse offences are 'particularly serious' and prosecutors are reminded that it will be rare that the 'public interest' will not require of such offences through the criminal courts. Seeking to unpick some of the discourses and perspectives that may have contributed to the current prosecutorial commitment, the book considers its emergence within the context of the women's movement, feminist scholarship and an era of neoliberalism. Three empirical chapters explore the prosecution commitment on the one hand, and the impact on women's lives on the other. The book's final substantive chapter offers a distinctive normative conceptual framework through which practitioners may think about women who have experienced domestic abuse that will have both intellectual appeal and practical application.