Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

* Editors and authors are leading experts in the field; * Multi-disciplinary approach; * Raises a large number of compelling theoretical, philosophical and normative questions, and has relevance across disciplinary and geographic boundaries.

Covers a longer span of time than other books - three decades enabling systematic examination of the policies of four governments: Conservative, New Labour, Coalition and Conservative. It both provides a detailed historic account of the twists and turns of policy and legislation over the 30 year period and combines this with commentary from those intimately involved in decision making and implementation of policy and legislation. There is a range of interviewees, including many from non-political sources. Its unique contribution is the combination of the analysis of legislative and organisational changes with the interviewing of virtually all the most important players in the process - all surviving Home Secretaries and Ministers of Justice since 1990, junior ministers; all Directors of Prisons NOMS/HMPPS and the new National Probation Service; four Chief Inspectors of Prisons and three Chief Inspectors of Probation; the four most recently retired Lord Chief Justices. A unique added value is the interviews with virtually all the politicians and other key players who have been involved over the past 30 years, which provide a unique commentary and insight into how they thought and how they approached their responsibilities. The period of time in question has seen many changes in prison and probation and a detailed analysis of this in one place would be useful but, crucially, to also have the interviews of so many people makes this unprecedented. The authors are highly respected and Professor Roy King has been a leading authority on prisons for several decades.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

Covers a longer span of time than other books - three decades enabling systematic examination of the policies of four governments: Conservative, New Labour, Coalition and Conservative. It both provides a detailed historic account of the twists and turns of policy and legislation over the 30 year period and combines this with commentary from those intimately involved in decision making and implementation of policy and legislation. There is a range of interviewees, including many from non-political sources. Its unique contribution is the combination of the analysis of legislative and organisational changes with the interviewing of virtually all the most important players in the process - all surviving Home Secretaries and Ministers of Justice since 1990, junior ministers; all Directors of Prisons NOMS/HMPPS and the new National Probation Service; four Chief Inspectors of Prisons and three Chief Inspectors of Probation; the four most recently retired Lord Chief Justices. A unique added value is the interviews with virtually all the politicians and other key players who have been involved over the past 30 years, which provide a unique commentary and insight into how they thought and how they approached their responsibilities. The period of time in question has seen many changes in prison and probation and a detailed analysis of this in one place would be useful but, crucially, to also have the interviews of so many people makes this unprecedented. The authors are highly respected and Professor Roy King has been a leading authority on prisons for several decades.

The Royal Financial Administration and the Prosecution of Crime in France, 1670-1789 explores the French monarchy's role in financing criminal prosecutions in the royal courts of the realm-the payment of criminal frais de justice in the vocabulary of the ancien regime-between 1670 and 1789 (that is, from the codification of criminal judicial procedure in the early period of Louis XIV's personal rule to the outbreak of the French Revolution). The subject brings together three areas of scholarly inquiry-criminal justice, royal administration, and the management of the crown's finances. A central goal of the study is to provide factual information and interpretive insights on each of these topics and to explain the relationship of each to the others over a long time period. The book contributes to existing scholarship in four ways. First, although each of the major dimensions of the inquiry-the operation of the criminal justice system, the conduct of the royal administration, and the management of the monarchy's finances-has a large and increasingly sophisticated historical literature, this is the first study to combine them in a systematic way. Second, the long time period covered in the book not only enables the historian to distinguish gradual from rapid change, but it also allows the reader to view how the system functioned in different historical contexts. Third, the study is based on archival sources throughout France. This comprehensive approach permits the identification of elements of a common experience without sacrificing attention to important aspects of regional diversity. Finally, with respect to the sources themselves, the range is broad, encompassing regulatory acts and decisions of the king's councils; administrative correspondence at the central, regional, and in some cases local levels; financial accounts and related papers; and court records from the major appellate courts and from several lower courts as well. An appendix of 33 tables lists figures of annual expenditure and other pertinent financial operations for each of the major financial districts of the kingdom.

Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book's ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean. In criminal cases, use of lay jurors has stretched to nations in Europe, Latin America, and Asia as they aspire to democracy, greater popular participation in government, and legitimacy of the justice system. But in English-speaking countries, jury trials are declining. Civil juries have been virtually abolished everywhere except the United States, and even there they are rare. In criminal cases, plea bargaining is now taking the place of jury trials. In this book, Renee Lettow Lerner describes the benefits and challenges of using juries, including jury nullification, and considers how innovations from non-English-speaking countries may be key to the survival of lay participation. Along the way, the book tells how a small German state invented a way of using jurors that is now found around the world. And it reveals why some defendants preferred to be crushed to death by weights rather than convicted by a jury.

* Provides a comprehensive overview of the current state of theory, research, policy, and practice of juvenile risk and needs assessment (JRNA) * Informs future methodology, policy, and practice that will facilitate effective and fair case decisions * Covers JRNA as a set of interrelated pieces for assessing and making decisions about juveniles

This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court's historically masculinist gender regime. This book examines how the High Court's gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court's gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution's gender regime. Hence, the enquiry is not so much asking 'have women judges made a difference?' but rather is asking how should we understand women judges' relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court's gender regime at a particular time.

Pushing past the standard federal-state narrative, the essays in Florida's Other Courts examine eight little-known Florida courts. In doing so, they fill a longstanding gap in the state's legal literature. In Part I, the contributors profile Florida's courts under the Spanish and British empires and during its existence as a U.S. territory and a member of the Confederate States of America. In Part II, they describe four modern-era courts: those governing military personnel stationed in Florida; adherents of specific religious faiths in Florida; residents of Miami's black neighborhoods during the waning days of Jim Crow segregation; and members of the Miccosukee and Seminole Indian tribes. Including extensive notes, a detailed index, and a complete table of cases, this volume offers a new and compelling look at the development of justice in Florida.

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Drawing on qualitative research conducted with young people in New York, this volume highlights the unique experiences of children of incarcerated parents (COIP) and counters deficit-based narratives to consider how young people's voices can inform and improve educational support services. Supporting Children of Incarcerated Parents in Schools combines the author's original research and personal experiences with an analysis of existing scholarship to provide unique insight into how COIP experience schooling in the United States. With a focus on the benefits of qualitative research for providing a more nuanced portrayal of these children and their experiences, the text foregrounds youth voices and emphasizes the resilience, maturity, and compassion which these young people demonstrate. By calling attention to the challenges that COIP face in and out of school, and also addressing associated issues around race and racism, the book offers large and small-scale changes that educators and other allies can use to better support children of incarcerated parents. This volume will be of interest to scholars and researchers interested in the sociology of education, race and urban education, and the impacts of parental incarceration specifically. It will also be of benefit to educators and school leaders who are supporting young people affected by these issues.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

Inside the Supreme Court's Toolbox: How the Court has Explained Its Decisions examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.

This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing "Area of Freedom, Security and Justice". Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides's new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.

Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.

This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides's new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.

* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.