The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness, and explains the issues at stake in those cases for lawyers and linguists. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants-their intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions of these terms, largely because mental states are virtually impossible to define. Their meaning, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-which is often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis during trial. This book examines how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. Shuy examines speech events, schemas, agendas, speech acts, conversational strategies, and smaller language units such as syntax, lexicon, and phonology, and discusses how these examinations can play a major role in deciding murder cases. After defining key terms common in murder investigations, Shuy describes fifteen fascinating cases, analyzing the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.

This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."

Well-documented and clearly-written, this important volume examines the interaction between scientific and engineering knowldege and the exercise of policy discretion in environmental, health, and safety regulation. The findings presented in the work derive in large part from a three-year study of two regulatory programs, the hazardous air pollutant program of the Environmental Protection Agency and the occupational health standards program of the Occupational Safety and Health Administration, and are based upon the activities within these programs between 1971 and 1980. The author's first-hand experience in the Office of Science and Technology in the Executive Office of the President during the Carter Administration further enhances the authority and thoroughness of the volume.

This book presents the health reform experiences over the past three decades of twelve small and medium-sized nations that are not often included in international comparative studies in this field. The major conclusion of the study is that despite many similarities in policy goals, policy challenges and in the menu of policy options for countries that seek to offer universal coverage to their population, the health reforms of the nations in this book did not converge into one direction or model. However, we found several widespread policy experiences that are relevant for others, too.For example, user fees are unpopular everywhere. Governments often try to soften the consequences by exempting large groups of users, thus largely defeating the very purpose of those fees.As a second example, the introduction of new payment modes for medical care — like the shift from fee for service to case-based payment — took much longer than originally expected everywhere, and also failed to deliver their promises of improved transparency or efficiency gains A third example is that proposals are for universal coverage often ignore the challenges of implementing new financing models that elsewhere took decades if not centuries to develop.The conclusions contain both empirical findings and theoretical conclusions of interest to policy-makers and scholars of international comparison. It is accessible for academics, healthcare managers and students as well as a wider audience of readers interested in the changes in healthcare across the world.

Taxi is 'n versameling stories uit en vir Afrika. Met die makorakora-taxi van die storie as voertuig word daar deur Suid-Afrika gereis: deur herinneringe aan vervloe jare en oor kontoere van die eietydse landskap; verby landelike uitsigte op grasbulte, beeste en kaalgeveegde werfies tot die dekor van die grootstad, voorstad en township; langs die stasies van vreugde en pyn op die lewenspaaie van die land se mense. Op reis word daar telkens aangedoen by 'n nuwe staanplek: feestelike byeenkoms, stokvel, boereplaas, straatkafee, township square of sjebien. Die eindbestemming: leesplesier in 'n taal wat self soos 'n landskap ontplooi.

A comprehensive socio-legal evaluation of the 2000 statutory recognition procedure over ten years of its operation, in the context of UK labour law, changing work relationships, the dissipation of collective bargaining and union membership decline. The authors of this volume consider how far it has provided a template for the incursion of the law into industrial relations, with voluntarism no longer a dominant model in UK industrial relations, and how far it has encouraged a more limited form of joint regulation. They also reflect on how the procedure has shaped union strategies and on whether it creates the conditions for worker mobilisation. The central trend has been the decline in applications and whilst the design and operation of the procedure may discourage unions from submitting claims and permit employers to undermine the process, its impact is also influenced by union capacity to generate cases, something defined by wider economic, social and political relationships.

"Interpreting The Constitution" doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.

KM has been accepted as an integral practice for most organizations - however many are still, understandably, cautious of the investments they make in the current financial environment following the economic downturn. `The measurement of knowledge value is difficult. It is specific to time, context, and the perception of what it is that constitutes a knowledge asset.' - David Griffiths Measuring the ROI of Knowledge Management 2nd edition aims to explore how leading industry experts prove the value of their KM initiatives and justify investing in them. From outlining the best methods of quantifying the return from KM, to discussing the limitations of an ROI-focused approach, this book looks to present an all-encompassing view of how to best tackle this this matter that is rife with guesswork and uncertainty. Measuring the ROI of Knowledge Management covers topics including: + Understanding the knowledge economy + Knowledge management business case arguments + Using a Knowledge Audit as the basis for determining and driving the ROI of Knowledge Management + The application of Artificial Intelligence to support the value of organizational knowledge and assist the knowledge ROI + Measurement of KM projects - A practical guide for busy people + Believing in organizational progress using data and anecdotes (C6) + The case against ROI for knowledge management + Winning the war by avoiding the battles - Focusing on the I in ROI + An ecological approach to understanding impact in knowledge management practice Measuring the ROI of Knowledge Management brings together the sought-after advice of a wide variety of experts including Stan Garfield, Andrew Gent, David Griffiths, James Gunn, Tim Hawley, John Hovell, James Loft, Helene Russell, and Professor Dave Snowden who provide tools, tips, pragmatic guidance and best courses of action for any organization looking to prove the value of their KM efforts.

Although Americans enjoy the convenience and economic benefits of the world's most advanced air transportation system, the future of the airline industry is clouded by capacity constraints, safety and environmental concerns, the consolidation of carriers, and, especially, airline labor relations under the Railway Labor Act. In this volume, William E. Thoms and Frank J. Dooley provide a comprehensive, authoritative overview of the history, the law, and the mechanics of modern airline labor bargaining. The authors trace the development of airline labor law, the representation and labor bargaining processes, and labor protection. The discussion is enhanced throughout by the inclusion of up-to-date case law. Other statutes which have an important impact on the employment relationship such as the Airline Deregulation Act are also considered in detail. Finally, the authors explore future issues which may affect relations between labor and management in the aviation industry.

The book begins by reviewing the background of airline labor law, providing insights into the origins of airline regulation. The authors then provide a thorough discussion of the Railway Labor Act negotiating process, including the requirements of the Act, procedural steps in major and minor disputes, the role of the National Mediation Board, and mandatory bargaining subjects. Six areas related to the settlement of disputes are then studied in greater detail: the distinction between major and minor disputes; the role of air transport system boards of adjustment; the purpose of emergency boards; the related concepts of impasse, economic self-help, and reinstatement; strikes, boycotts, and injunctions under the Railway Labor Act; and restrictions on subcontracting. The next two chapters examine other statutes affecting airline labor relationships and the labor protection provisions of the Railway Labor Act. The authors conclude by looking at future trends in aviation labor law and the impact of issues such as drug testing, employee ownership plans, and mergers on airline labor relations. Ideal as a set of readings for courses on transportation law, labor economics, and transportation management, this book will also be of significant interest to regulators, union leaders, and attorneys specializing in transportation issues.

Title 7 presents regulations governing the Office of the Secretary of Agriculture and forty subordinate departments and agencies. Regulated activities include: marketing services, food and consumer services, crop insurance, plant and animal inspection, agricultural research, natural resources, etc. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Brave and fascinating, as well as important . . . . A scholarly and comprehensive contribution to our growing knowledge of the history of homosexuality.
--Jeffrey Weeks

Recent years have seen enormous attention devoted to the history of sexuality in the Western world. But how has the West conceived of non-western societies been influenced by these other traditions? The Geography of Perversion and Desire is the first historical study to demonstrate convincingly that the representation cultural otherness, as found in European thought from the Enlightenment through modern times, is closely interrelated with modern constructions of homosexual identity. Travel reports and early ethnographic accounts of cross-gender roles in the Americas, Africa, and Asia corroborated the 18th century construction of the sodomite identity. Similarly, the late 19th-century construction of the third sex provoked much anthropological speculation on to genetic versus societal nature of male-to-male sexual relations, a precursor of current essentialist versus constructionist debates. An invaluable contribution to the ongoing debates on cultural and sexual otherness, this volume unravels how the categories of the modern sodomite and later homosexual were inextricably intertwined with essentialist definitions of racial identity. In encyclopedic detail, Bleys traces how cross-cultural records were collected, created, structured, manipulated, excerpted, reformulated, and omitted in interaction with changing beliefs about male-to-male sexuality. Focusing in such subjects as puritanism, sodomy, and ethnicity in colonial North America; cross-gender behavior and hermaphrodditism; the semiotics of genitalia; andthe parameters of sexual science, The Geography of Perversion and Desire is a breathtakingly thorough, cross cultural history of sexual categories.

Drawing on travel reports and early ethnographic accounts, The Geography of Perversion and Desire presents the first historical study to demonstrate convincingly that the representation of cultural otherness, as found in European thought from the Enlightenment to modern times, is closely interrelated with modern constructions of homosexual identity.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed in Article I, Section 9, of the United States Constitution. Most of these represent constraints on Congress with the exception of the statement that no money may be drawn from the U.S. Treasury except by appropriation, which increases the power of Congress. The provisions include prohibitions against suspending the privilege of the writ of habeas corpus except in cases of emergency and against passing bills of attainder and ex post facto laws. These prohibitions secure important freedoms for the citizens of the United States.

Among the other prohibitions discussed are a delay in stopping the slave trade, forbidding taxes on exports between states, forbidding giving preferences to ports of one state, and forbidding public officers from accepting things of value from foreign countries. Several of these provisions, such as those concerning bills of attainder, ex post facto laws, and the writ of habeas corpus laws are the bedrock of our free society. The provision on the need for appropriations enhances the role of Congress and sets up potential conflicts between it and the other two branches of government, conflicts that might lead to highly significant cases that will help to clarify to doctrine of the separation of powers. A table of cases, bibliographic essay, and an index to enable further pursuit of key topics is included to aid students, legal, and constitutional scholars.

A comprehensive examination of the rulings, key figures, and legal legacy of the Stone Court. When President Franklin Roosevelt got the chance to appoint seven Supreme Court justices within five years, he created a bench packed with liberals and elevated justice Harlan Fiske Stone to lead them. Roosevelt Democrats expected great things from the Stone Court. But for the most part, they were disappointed. The Stone Court significantly expanded executive authority. It also supported the rights of racial minorities, laying the foundation for subsequent rulings on desegregation and discrimination. But whatever gains it made in advancing individual rights were overshadowed by its decisions regarding the evacuation of Japanese Americans. Although the Stone Court itself did not profoundly affect individual rights jurisprudence, it became the bridge between the pre-1937 constitutional interpretation and the "new constitutionalism" that came after.

Mack explains criminal law in an easy-to-read format, complete with numerous examples that clarify some of the more difficult concepts. It is designed for anyone interested in exploring the basics of criminal law for personal, academic, or professional reasons. High-profile criminal trials have placed criminal law in the national spotlight. While these trials may contain straightforward factual circumstances, often the legal issues surrounding the criminal charges and defenses are complex and confusing. This book explains the basics of criminal law in an easy-to-understand format designed especially for the nonlawyer who has an interest in criminal law. The book approaches criminal law by discussing basic crimes and their elements to help readers understand the necessary requirements for charging and prosecuting crimes. To aid in understanding many of the concepts, the book includes numerous hypothetical situations that place some of the more difficult concepts in an "everyday" context, thereby making them more understandable. Criminal law defenses are also explored, in order to give readers an awareness of how and why some of the more popular defenses are presented in the criminal justice system. The book also provides an overview of the criminal trial process, from the arrest to the final verdict. Mack succeeds in demystifying criminal law by presenting it in an understandable format designed for the nonlegal scholar.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history.

David Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs's contempt citation, dealt fatal blows to broad-based unionism in the nation's most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come.

The Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs's fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company's treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs's passionate commitment to workers' rights, and providing a window on America during a period of rapid industrialization and social transformation.

Papke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.

Intellectual property is rapidly becoming one of the most controversial aspects of American law with both domestic and international implications. The controversy over copyright law is largely a result of the rapidly growing internet which threatens clear copyright ownership. In fact, Halbert argues, the internet, through its emphasis on information exchange, inherently challenges the concept of intellectual property rights developed in the 18th century to protect written--not word-processed--works.

Halbert critiques the theoretical foundations and the present American approach to copyright law, and she concludes that we should not uncritically extend copyright law to the internet. More generally, we should keep the concept of intellectual property from colonizing knowledge and ideas. She attempts to describe how new technologies are brought within the boundaries of the intellectual property discourse and given legal legitimacy. Halbert touches on the historical roots of copyright law, the manner in which copyright law is used today, and provides a critique of our current attitudes toward intellectual property. Court cases, government documents, public policy recommendations, international trade agreements, the actions of key industries, and popular opinion provide insight into how intellectual property as a concept is being defined in the information age and used to enforce property boundaries. An important resource for scholars and professionals alike working in copyright related industries.

Introduction. An Experimental Approach to Victim Decision Making. Experimental Studies on the Role of Social Influence in Victim Decision Making. Eyewitness Identification by Theft Victims. Analyses Across Experimental Studies. Normative Expectations for Calling the Police. Archival Analyses. Self-Reports: Surveying Crime Victims. A Model of Crime Victim Decision Making. Summary and Implications of the Research. Appendix: A Lawsuit Against the Researchers. Index.

This book contains contributions from the third Commission on European Family Law (CEFL) conference which took place in Oslo in June 2007. The general topic, 'European Challenges in Contemporary Family Law, ' has been divided into five themes: The Harmonization of Family Law --- Children and Their Parents --- Irregular Marriages and the Influence of Multiculturalism --- (Property) Relations between Spouses and Cohabitants --- Cross-Border Family Relationships. These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. European family law has experienced, in a profound and deep way, social and demographic changes in this short period of time. Just a few of the important recent developments include: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock --- women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners --- new techniques in artificial insemination --- the growing social acceptance of same-sex relationships