Volume 22 of "Studies in Law, Politics and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law, and examines the law's violence, law in literature and film, family life and family policy, and new perspectives in sociolegal theory. Together these articles demonstrate the work being done in interdisciplinary legal scholarship.

Integrating behavioral, psychoanalytic, and biological perspectives into a unique multi-modal approach, the authors present a new diagnostic and treatment methodology which is flexible enough to account for individual variations in sexually perverse disorders. Alongside this methodology, they highlight the key issues concerning these disorders to provide the general practicing clinician with a practical guide for treating the sexually deviant patient.

Improvement of man's genetic endowment by direct ac tions aimed at striving for the positive propagation of those with a superior genetic profile (an element of which is commonly recognized as a high intelligence quotient) or-conversely-delimitation of those with negative genetic inheritance has always remained a pri mary concern of the geneticist and the social engineer. Genetic integrity, eugenic advancement, and a strong genetic pool designed to eliminate illness and suffering have been the benchmarks of the "Genetic Movement" and the challenge of Orwell's Nineteen Eighty-Four. If the quality of life can in some way be either im proved or advanced by use of the law, then this policy must be developed and pursued. No longer does the Dostoyevskian quest to give life meaning through suf fering become an inescapable given. By and through the development and application of new scientific advances in the field of genetics (and especially genetic engi neering), the real potential exists to prevent, to a very vii Preface viii real extent, most human suffering before it ever mani fests itself in or through life. Freedom to undertake re search in the exciting and fertile frontiers of the "New Biology" and to master the Genetic Code must be nur tured and maintained. The search for the truth inevi tably prevents intellectual, social, and economic stag nation, as well as-ideally-frees all from anxiety and fright. Yet, there is a very real potential for this quest to confuse and confound."

A team of expert contributors provides an in-depth exploration of police use of force, firearms, and less-than-lethal weapons from a dozen countries across five continents. Police Use of Force: A Global Perspective is a fascinating, international exploration of police use of force, firearms, and less-than-lethal weapons in nations around the world. The book is comprised of three sections: the first focuses on the use of force generally, the second explores firearms and deadly force, and the final section considers less-than-lethal weapons, including pepper spray, TASERs, and other emerging technologies currently on the horizon. The essays gathered here will provide readers with an understanding of the vast differences in how police use force in various countries, as well as why police use force differently under different forms of government. Topics covered include use-of-force definitions, training procedures, policy issues, abuse of police authority, use of force during interrogations, and the use of firearms by armed and unarmed police forces. Finally, there is an essay focusing on how shooting and killing a suspect impacts an officer in the months and years that follow.

Unlocking Contract Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Contract Law for those students coming to it for the first time. Clearly presented and packed with features to support learning, this edition has been updated to include discussion of recent changes and developments within the module, such as the Consumer Rights Act and the growing focus on consumer protection within contract law and the influence of technology on contact, including email signatures and online transactions. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, and contains diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.

No new parent expects their offspring’s childhood to be tainted by arrest or conviction. That only happens to other people’s kids, right? Wrong. In this compelling book, written by one of Britain’s top experts in youth justice, Aika Stephenson reveals the extraordinary cases she deals with daily. From the obviously vulnerable to the A-grade student from a stable upbringing, Just for Kids Law, the campaigning charity co-founded by Stephenson in 2007, has helped thousands of children and young people overcome the difficulties they face. Aika says: ‘Every day in my job is an adventure, a battle for justice, heart-breaking, and a joy. But very few people truly understand the law that dictates the lives of our young people, and I want to share that with the public – both the heart-warming successes and the shocking failures of the system.’ From playground mischief to issues with immigration status, from housing to those facing years behind bars for a crime their friend committed, this book lays bare what really goes on behind the scenes, from the police station through to the young offenders’ institution and everything in between. It is an important and revelatory book that confronts the issues that face all young people today.

We would expect a successful series such as Critical Issues in American Psychiatry and the Law to present timely, relevant issues in a high-quality manner, and such is the hallmark of this outstanding series. But we might not expect the editors to dive into the especially controversial issues, e.g., ethics, and I applaud them for doing so and in such a comprehensive and thorough fashion. Public and professional concern about ethical aspects of psychiatrists' be havior and practice is growing, and exponentially. Concern about the ethical practice of modern forensic psychiatry is paralleled by deep-seated apprehen sion not only about the ethical dilemmas of psychiatry and medicine (e.g., societal versus individual patient values, the corporatization of medicine, access to versus cost of medicine) but also about the widely publicized ethical trans gressions of religious and political leaders. That's why this volume is so timely and important. Ethics-the principles and rules of right conduct. Sounds simple. We know it is not. When I'm asked by colleagues to consider the perceived unethical behavior of a fellow professional, I often find that, like obscenity, they can't always define it but they are definite that they know it when they see it. The perception of ethical conduct often appears to be in the eyes of the beholder. read this volume. It may not always please you, Well, that's why you will want to it may upset you and even offend you, but it will definitely inform you."

"Powerful."
"--Mary Frances Berry, Journal of American History"

"A painstakingly researched, scientific, psychological, sociocultural, and constitutional history of race. The Smart Culture is one of our generation's most powerful indictments of insidious racism and meritocracies."
"--The Law and Politics Book Review"

"A passionate attack on pervasive American cultural assumptions of natural inequality. The book provides a fine history of antiblack discrimination and of the racist and nativist bases of the developers of standardized intelligence tests."
"--Choice"

What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?

Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences.

What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a naturalintellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it.

With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words.

; Guide to the Court's functions and the ways in which it goes about its work

; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents

; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background--and in some cases the turbulent aftermath--of the Court's decisions

This novel is set in the Free State town of Excelsior from the 1970s to the time of political liberation in the 1990s. In the 1970s Excelsior was notorious for a series of across-the-colour-bar sex scandals involving white men - many of them pillars of the conservative Afrikaner establishment - and black women, some of whom bore mixed-race children as a result. Mda roots his story in this period and carries it through to the social and political revolution of the 1990s. Often lyrical and sensual, and sometimes bleak and shocking, the novel is always an acute and authentic reflector of small-town South Africa and its extraordinary mix of people in the years of high apartheid and in its untidy aftermath.

Jurist of the 18th and 19th centuries were often in disagreement as to the proper method of instructing students who wished to take up the practice of law. This volume distills the essential elements of the controversy over legal education and offers many articles and papers on the topic that are no longer available in print. A compilation of seventeen essays by influential legal scholars of the period, it presents arguments for and against the educations approaches that dominated English and American legal study for more than two centuries. Dean Hoeflich's introduction examines the historical and legal context that formed the background of the controversy. Many of the essays that follow are polemical contributions to the debate on the relative merits of apprenticeship and academic training--the methods oflegal education that were commonly practiced. Some authors favored a pragmatic, non-elitist training, others recommended greater emphasis on systematization and method through the teaching of logic, moral philosophy, or Roman law. Still others proposed a blending of approaches or altogether new types of legal education--some of which were frankly utopian. Several essays focus on the need to develop American legal education independent of English models. Renowned jurists such as Oliver Wendell Holmes, Jr., and William Blackstone are represented, together with lesser known legal thinkers credited with substantial or original contributions to the field. The editor provides supplementary notes on the authors, a bibliographyu, and an index.

Negotiation is a ubiquitous part of social life. Some even say that social order itself is a negotiated phenomenon. Yet the study of negotiation as an actual discourse activity, occurring between people who have substantial interests and tasks in the real social world, is in its infancy. This is the more surprising because plea bargaining, as a specific form of negotiation, has recently been the center of an enormous amount of research attention. Much of the concern has been directed to basic ques tions of justice, such as how fair the process is, whether it is unduly coercive, and whether it accurately separates the guilty from the innocent. A study such as mine does not try to answer these sorts of questions. I believe that we are not in a position to answer them until we approach plea bargaining on its own complex terms. Previous studies that have attempted to provide a general picture of the process as a way to assess its degree of justness have neglected the specific skills by which prac titioners bargain and negotiate, the particular procedures through which various surface features such as character assessment are accomplished, and concrete ways in which justice is administered and, simultaneously, caseloads are managed."

Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's "gun-control" debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.

There are many reasons for writing a book; this one was conceived and devel oped mainly for two. First, a new area has emerged from within the forensic sciences-that of forensic phonetics. As with all new specialties, it is necessary to define it, identify its boundaries, justify its importance and compile a list of the elements it encompasses. This book attempts to outline these several rela tionships. Second, over the past decade I have become fascinated with forensics in general and the rapidly expanded subarea of forensic phonetics in particular. Admittedly, the latter field is one that is not as yet sufficiently appreciated-and much more needs to be known about its nature and extent. Yet, I have found it to be a most enjoyable area of study and my attempts to describe its domains were quite informative. It was especially interesting to struggle with the interfaces between forensic phonetics and related fields, and discover how they overlap. Only a few comments will be made about the book's contents here in the preface. For one thing, they are described in some detail in the first chapter."

Efforts to evaluate the clinical encounter in terms of autonomous agents governed by rationally justified moral principles continue to be criticised. These essays, written by physicians, ethicists, theologians and philosophers, examine various models of the clinical encounter emerging out of these criticisms and explore the prospects they offer for theological and religious discourse. Individual essays focus on the reformulation of covenant models; revisions of principles approaches; and topics such as power, authority, narrative, rhetoric, dialogue, and alterity. The essays display a range of conclusions about whether theology articulates generally accessible religious insights or is a tradition-specific discipline. Hence the volume reflects current debates in theology while analysing current models of the clinical encounter. Students, professionals, and scholars who find themselves at the intersection of theology and medicine will welcome these voices in an ongoing conversation.

This documentary history critiques major Supreme Court decisions on litigations that Asian Americans brought before the Court over the past 150 years. In eight sections, contributing scholars all consider cases within three conceptual frameworks; (1) the commonly held belief that Asian Americans could not become members of the American community because of their race, (2) the once widely held belief that Orientals are mysterious and inferior, and (3) the assumption that all Asians in America are foreigners. The book begins with an overview by editor Kim. In section 2, Braeman treats major cases concerning the question of the government's right to exclude, expel, or deport persons of Asian ancestry. In the next section, Hull focuses on major cases on the constitutional question of U.S. citizenship for persons of Asian ancestry. Stuen then discusses cases dealing with the alien land laws of California and Washington. The Japanese internment cases are discussed by Minami and Bannai; and cases dealing with Asian Americans' legal fight to claim their rights for employment, language, and education follow. Next, Gotanda casts the problem of denying Asian Americans their constitutional rights within the analytical framework of the Asian American identity. In the final chapter Tamayo covers the latest changes in America's immigration policies, reviewing major immigration laws passed by Congress during the 20th century and discussing implications of the Immigration Act of 1990. The volume concludes with a case index, a name index, and a subject index.

Media relations are not just for the rich and famous. Mackenzie takes readers behind the scenes of high-profile cases in which men, women, and even children were thrust into the spotlight--many because they were victims of unwarranted prosecution by the justice system and inaccurate depiction by the press. With media-savvy guidance from Mackenzie, these people and their lawyers successfully challenged the prejudiced portraits that police and prosecutors tried to present. In this book, Mackenzie also weighs in on celebrity cases, analyzing how they and their lawyers used the media to their advantage, or how they failed to do so. Mackenzie is a consummate expert in the use of media relations in the court of law. Her conviction that a right to demand a fair portrayal by the press must not be reserved for the prosecution or the wealthy has propelled her career as she has fought for the falsely accused, the unjustly portrayed, and their families. The media coverage of suspects or defendants by CNN, the nightly news, the New York Times, or the local paper affects the court of public opinion, even before their trials, and is often as important as what happens in front of a judge or jury. Private industry and corporations have long used media consultants. Prosecutors have public information officers to advise their lawyers. To level the playing field, all lawyers need to be ready to represent their clients before the media as well as the jury. Not only can this be done ethically, but as Mackenzie shows in this book, given what defendants are up against today, it may be unethical to ignore the media when the other side is using every possible opportunity to advance their portrayal of the accusedor the victim.