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aWell-written, needed, and nicely done.a
--"Choice"

"Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect."
--"Law and Politics Book Review"

"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery."
--"The Wall Street Journal Online"

"The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases."
--"Slate.com"

aProvides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries.a
--"Library Journal"

aArtemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should.a
--"Washington Post"

aThe book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study.a
--"Cleveland Plain Dealer"

aMeticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerablybecause of the reduction in the number of memos written by each clerk.a
--Judge Richard A. Posner in "The New Republic"

aWard and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read.a
-- The Law and Politics Book Review

aBased on judicial working papers and extensive interviews, the authors have compiled the most complete picture to date of the transformation of Supreme Court law clerks from stenographers to ghost-writers. This will instantly become an essential resource for students of the Court.a
--Dennis J. Hutchinson, editor of "The Supreme Court Review"

"A truly excellent study on an interesting and important question. As we know from the popularity of "The Brethren" and "Closed Chambers," people love insider accounts of Supreme Court decision making, and this book provides that from a very unique point of view."
--Howard Gillman, author of "The Votes That Counted: How the Court Decided the 2000 Presidential Election"

"An urgently needed and highly readable study of the most powerful young lawyers in America: law clerks at the Supreme Court. Law clerks themselves tend to vastly overstate or underestimate their importance, but authors Artemus Ward and David Weiden have gotten it just right: law clerks wield significant and growing power at the nation's highest court. This eye-opening book charts that growth and points to the potential for abuse."
--Tony Mauro, Supreme Court Correspondent for "American Lawyer Media"

a...[E]xceptionally informative in tracing the history of the institution of the Supreme Court clerks. The analysis of the evolution of both the job and the influence that clerks have on theCourtas decisions.a
--"Georgia Bar Journal"

Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makersathe justices?

Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerersa Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Courtas accountability to and relationship with the American public?

Sorcerers' Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justiceswill want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.

Evidence-based policing is a core part of the National Policing Curriculum but policing students and new officers often feel daunted by the prospect of understanding research and how to use it to inform decision making in practice. This text helps readers develop a sound understanding of evidence-based practice in policing and contextualises the research process by explaining how it supports practice within the workplace. It clearly relates research to the investigative process, combining academic theory and operational understanding using relevant case studies and scenarios, and identifies the main approaches employed. It explores how evidence from research can be used to inform and develop critical arguments central to policing practice and signposts students to key sources of information. 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.

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.

This book offers an assessment of Barbara Wootton's legacy as a pioneering public criminologist. Barbara Wootton (1897-1988) was a leading British social scientist, magistrate, academic and public servant. She was also a life peer (Baroness Wootton of Abinger) and the first woman to sit on the Woolsack in the House of Lords as Deputy Speaker. One of the Royal Commissions on which she served was on the Penal System, (1964) and two of the Departmental Committees were on the Business of the Criminal Courts (1958) and Criminal Statistics (1963). Of her written work perhaps the most famous is `Social Science and Social Pathology` (published in 1959) which was an attempt to discover what the social sciences had to say about criminality, its causes and its social effects. This book examines her career in historical context, and her contribution to thinking and scholarship on a range of topics. These topics range from the courts and the penal system and her report on the Community Service Order, to crime and criminal law and her analysis of the notions of mens rea, to her work on psychiatry and criminal justice. It explores her contribution as a utilitarian critic in Criminology, within the British empiricist tradition. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, criminal justice, law and all those interested in learning more about Barbara's life and times.

Legal Data and Information in Practice provides readers with an understanding of how to facilitate the acquisition, management, and use of legal data in organizations such as libraries, courts, governments, universities, and start-ups. Presenting a synthesis of information about legal data that will furnish readers with a thorough understanding of the topic, the book also explains why it is becoming crucial that data analysis be integrated into decision-making in the legal space. Legal organizations are looking at how to develop data-driven insights for a variety of purposes and it is, as Sutherland shows, vital that they have the necessary skills to facilitate this work. This book will assist in this endeavour by providing an international perspective on the issues affecting access to legal data and clearly describing methods of obtaining and evaluating it. Sutherland also incorporates advice about how to critically approach data analysis. Legal Data and Information in Practice will be essential reading for those in the law library community who are based in English-speaking countries with a common law tradition. The book will also be useful to those with a general interest in legal data, including students, academics engaged in the study of information science and law.

Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio Garcia-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to sociopolitical legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and sociolegal studies, Garcia-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of sociopolitical legal studies.

African-American Males and the US Justice System of Marginalization provides an overview of the economic and social status of African-American males in America, which continues to deteriorate at an alarming rate. Weatherspoon posits that in every American institutional system, from birth to death, the journey of African-American males to achieve racial justice and equity in this country is ignored, marginalized, and exploited. The American justice system, in particular, has permitted and in some cases sanctioned the marginalization of African-American males as full citizens. Weatherspoon examines the idea that African-American males are disproportionately represented in every aspect of the criminal justice system, and that the marginalization of African-American males in America has a long and treacherous history that continues to negatively impact their economic, political, and social status.

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.

The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts' activity more effective. It can improve the organization of the courts' adjudication and may lead to an increase in the quality of jurisprudence.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

Bodies of Truth offers an intimate account of how apartheid victims deal with the long-term effects of violence, focusing on the intertwined themes of embodiment, injury, victimhood, and memory. In 2002, victims of apartheid-era violence filed suit against multinational corporations, accusing them of aiding and abetting the security forces of the apartheid regime. While the litigation made its way through the U.S. courts, thousands of victims of gross human rights violations have had to cope with painful memories of violence. They have also confronted an official discourse claiming that the Truth and Reconciliation Commission of the 1990s sufficiently addressed past injuries. This book shows victims' attempts to emancipate from their experiences by participating in legal actions, but also by creating new forms of sociality among themselves and in relation to broader South African society. Rita Kesselring's ethnography draws on long-term research with members of the victim support group Khulumani and critical analysis of legal proceedings related to apartheid-era injury. Using juridical intervention as an entry point into the question of subjectivity, Kesselring asks how victimhood is experienced in the everyday for the women and men living on the periphery of Cape Town and in other parts of the country. She argues that the everyday practices of the survivors must be taken up by the state and broader society to allow for inclusive social change in a post-conflict setting.

The problem of preventing mass human-rights violations and atrocity crimes is one of the key issues in international relations. The book presents the capacity of the international community in the field. The available instruments of early warning, preventive diplomacy as well as legal, economic, and military measures of prevention are included. Cases of Chechnya, Rwanda, Cote d'Ivoire and Libya allowed the analysis of international engagement in typical situations involving mass human-rights violations and atrocity crimes related to self-determination, ethnic tensions, power struggles and attempts to overthrow a dictatorship. They show that although the international community has significantly increased its capacity to prevent, it has not created a coherent system of prevention.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

* Such events have been written about before, but conveyed in their own words and seen from their isolated yet shared experience of a single moment in the struggle, the women's stories are brought home in a way that at times is truly painful to read and at other times truly inspiring. * The book's concern is not just to accord the four women - and others - their place in the history of the struggle for freedom, or to bring home their bravery. It weaves their experiences into the historical development of the struggle in a way that highlights broader issues. * Draws out the particular ways in which women's experience of activism and repression differs from that of men, both in terms of the behaviour of the police and of the women's ties with community, family and children. * The book's broad timespan underpins the psychological effects of sustained solitary confinement and its traumatic legacy. The women's stories lead to a chapter reflecting on the trauma and its impact when left unhealed.

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

Women, Reentry and Employment: Criminalized and Employable? explores the conflicting discourses about employment for women who are exiting prison. It empirically outlines the landscape of employability supports available to reentering women, the 'steps to employment' women are directed to follow, and the barriers to employment they face and theoretically explores the subject positions of criminalized and employable women. This book offers a contemporary contribution to the scholarship of the past three decades that has queried, monitored, and challenged practices and policies relating to women's corrections in Canada. Based on data gathered about community-based employment supports available to reentering women in Ontario, Canada, exploring how language constructs the subject positions of criminalized and employable women, and bringing into conversation the extensive body of work about women's employment and employability and reintegration, the book marks a unique but important intersection of these empirical and theoretical domains. Central to the book is the juxtaposition of two key subject positions mobilized in women's corrections. One is that of the criminalized woman, a subject whose experiences of trauma and marginalization have rendered her emotionally and mentally broken; she is constrained by her past and incapable of acting towards her future. The other subject position is that of the employable woman who is future oriented, confident, and 'responsible' for her own socio-economic inclusion. How do reentering women experience, inhabit, and resist these incompatible subject positions? Challenging the invisibilization of women's experiences in the criminal justice system, Women, Reentry and Employment will be of great interest to students and scholars of Criminology, Penology, and Women's Studies.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into - and the consequences that may ensue if this is not done - makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.